Terms of Banner Ads
These terms (‘Terms’) apply to all banner advertising services provided to any person (‘Customer’) by 9Cars Pty Ltd ABN 20 111 416 516.
1. Publication of Advertising
1.1 Subject to these Terms, 9Cars Pty Ltd ABN 20 111 416 516 referred to as ‘9Cars’ will use its reasonable endeavours to publish advertising submitted by Customers (‘Advertising’) in the format submitted by the Customer and in accordance with the placement instructions of the Customer.
2. Right to Refuse or Withdraw Advertising
2.1 Neither these Terms nor any written or verbal quotation by 9Cars represent an offer to publish Advertising. A binding contract will only be formed between 9Cars and a Customer when 9Cars accepts the Advertising in writing or generates an invoice for that Advertising.
2.2 Even if a contract has been formed in accordance with the above clause, 9Cars reserves the right to refuse or withdraw from publication any Advertising at any time without giving reasons.
3. Right to Vary Format and Placement
3.1 9Cars reserves the right to vary the placement of Advertising; and to change the format of Advertising.
3.2 9Cars will endeavour to notify the Customer of any such changes. However, 9Cars will not be liable for any costs, expenses, losses or damages suffered or incurred by a Customer arising from 9Cars’ failure to publish Advertising in accordance with a Customer’s request.
4. Submission of Advertising
4.1 Customer warrants to 9Cars that the Advertising does not breach or infringe:
(a) the Trade Practices Act (Cth), Fair Trading Acts (State) or equivalent;
(b) any copyright, trade mark, obligation of confidentiality or other right;
(c) any law of defamation, obscenity or contempt of any court, tribunal or royal commission;
(d) State or Commonwealth anti-discrimination legislation;
(e) the Privacy Act (Cth); or any other law (including but not limited to any common law, statute, delegated legislation, rule and ordinance).
4.2 Customer warrants that in respect of Advertising that contains the name or pictorial of any living person, the Customer has obtained the authority of that person to make use of his/her name or representation or the copy.
4.3 9Cars may publish the Advertising under the heading ‘Advertising’ and with a border distinguishing it from nearby editorial.
4.4 9Cars will endeavour to take reasonable care of Advertising material in its custody and control, but will not be responsible for any loss or damage to Advertising material (even if caused by 9Cars’ negligence).
4.5 If the Customer submits Advertising material electronically, the material must comply with 9Cars specifications. 9Cars may reject the Advertising material if it is not submitted in accordance with such specifications.
5. Banner Advertising
5.1 For online banner and display Advertising, the Customer must:
(a) cancel online Advertising in writing at least 30 days before the publication date;
and
(b) submit creative materials and a click-through URL to 9Cars at least 5 working days before the scheduled publication date. 9Cars reserves the right to charge the Customer for online Advertising cancelled on less than 30 days notice or if creative materials are not submitted in accordance withclause 5.1(b).
5.2 All online Advertising must comply with 9Cars’ advertising specifications, which are available on request.
5.3 9Cars is not liable for any loss, damages or liabilities arising from a failure of the World Wide Web or any telecommunications structure.
5.4 Customer acknowledges that 9Cars may at its discretion include additional features or inclusions such as third party advertisements within online classified Advertising.
6. Errors
6.1 The Customer must promptly check Advertising; and notify 9Cars of any errors.
6.2 9 Cars does not accept responsibility for any errors in Advertising.
6.4 If a Customer wishes to make a claim on 9Cars for credit, republication or any other remedy in respect of Advertising, the Customer must send the claim in writing to 9Cars no later than 28 days after the date of the tax invoice.
7. Advertising Rates and Taxes
7.1 The customer must pay for advertising in accordance with the rates in 9Cars’ Advertising Ratecard. The rates in the Ratecard may be varied at any time by 9Cars without notice; and are exclusive of taxes, duties or GST (‘Taxes’) unless the Ratecard specifies that GST or other Taxes are included.
7.2 The Customer must pay an additional amount equal to any Taxes payable by 9Cars in respect of Advertising. 9Cars will provide Customers with a tax invoice or adjustment note (as applicable).
8. Credit
8.1 9 Cars may grant, deny or withdraw credit to a Customer at any time.
9. Payment
9.1 The Customer must pay for Advertising by pre-payment, if so required by 9Cars within 28 days after the date of the invoice.
9.2 The Customer must pay the full price for Advertising notwithstanding the fact that 9Cars has exercised its right to vary the format or placement of the Advertising; and any error or omission in the Advertising.
10. Failure to Pay and other Breach
10.1 If a Customer fails to pay for Advertising in accordance with clause 9 or if a Customer suffers Insolvency, 9Cars may:Conditions
(a) cancel any provision of credit to the Customer;
(b) require cash pre-payment for further Advertising;
(c) charge interest on all overdue amounts at the rate 10% per annum;
(d) take proceedings against the Customer for any outstanding amounts;
(e) recover from the Customer all costs relating to any action taken by 9Cars to
recover amounts owing for Advertising, including without limitation any mercantile agency costs and legal costs on a full indemnity basis;
(f) cease publication of any further Advertising on behalf of the Customer and terminate any agreement in relation to Advertising.
10.2 A written statement of debt duly signed by an authorised employee of 9Cars shall be prima facie evidence and proof of the amount owed by the Customer to 9Cars.
11. Liability
11.1 The Customer acknowledges that it has not relied on any advice given or representation made by or on behalf of 9Cars in connection with the Advertising.
11.2 9Cars excludes all implied conditions and warranties from these Terms, except any condition or warranty which cannot by law be excluded (‘Non-excludable Condition’).
11.3 9Cars limits its liability:
(a) for breach of any Non- Excludable Condition; and
(b) for any other error or omission in published Advertising caused by 9Cars, to (at 9Cars’ option) re-supply of the Advertising services affected by the breach, or payment of the cost of re-supply.
11.4 9Cars excludes all other liability to the Customer for any costs, expenses, losses and damages suffered or incurred by the Customer in connection with these Terms and any Advertising published by 9Cars, whether that liability arises in contract, tort (including by 9Cars’ negligence) or under statute. Without limitation, 9Cars will in no circumstances be liable for any indirect or consequential
losses, including loss of profits, loss of revenue and loss of business opportunity.
11.5 The Customer indemnifies 9Cars 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.
12. Privacy
12.1 9Cars collects a Customer’s personal information to provide the Advertising services to the Customer and for invoicing purposes. 9Cars may disclose this personal information to other third parties as part of provision of the Advertising. Where a Customer has an overdue account, 9Cars may disclose personal information to debt collection agencies to recover the amount due. More information about privacy and accessing personal information is in 9cars’ privacy policy which is accessible at www.9cars.com.au.
13. General
13.1 These Terms represent the entire agreement of the Customer and 9Cars in relation to Advertising and cannot be varied except in writing by an authorised officer of 9Cars. No purchase order or other document issued by the Customer will vary these Terms.
13.2 9Cars will not be liable for any delay or failure to publish Advertising caused by a factor outside 9Cars’ reasonable control.
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