Terms and Conditions
Marulan Region Chamber of Commerce Inc (ABN 82 112 853 524) is the publisher of the Discover Marulan publication,
discovermarulan.com.au and its associated subscriber email (“us, our, we”).
Our Advertising Terms and Conditions set out our standard terms and conditions for advertising products and services we
supply to advertisers on our websites.
1. Every advertiser and advertising agency (“you”) who submits an order for advertising in our publication, on our
website or in an email operated by us, agrees to these terms and conditions. Your order and these Terms and
Conditions form the basis of a contract between you and us for the provision of the advertising ordered by you.
2. We will, subject to availability, technical limitations and these Terms and Conditions, use our reasonable endeavours
to publish your advertisement in the format submitted by you and in accordance with your other instructions. The
positioning or placement of your advertisement will be at our discretion unless we expressly agree otherwise in
3. We may, at our absolute discretion, refuse to publish any advertisement without giving any reason. No contract
is formed between you and us until we accept your advertisement for publication and issue you with a valid tax
invoice. If we do refuse to publish your advertisement, no fee will be charged to you. Even if a contract has been
formed between you and us, we reserve the right to refuse or withdraw your advertisement from publication at
any time, without giving reasons, even if we have previously published the same or similar advertisement. We may,
at our absolute discretion and at no extra cost to you, re-publish your advertisement in any other place. We may,
without prior consultation or notice to you, amend your advertisement in any way whatsoever, if we believe 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 partys’ rights. If we amend your advertisement, this will not reduce
the price agreed for publication of the advertisement. We reserve the right to vary the placement or positioning of
your advertisement and to change the format of your advertisement where we deem fit to do so. We will endeavour to
notify you of those changes, but we will not be liable for any costs, expenses, losses or damages suffered or incurred
by you arising from our failure to publish your advertisement in accordance with your request. We may head any
advertisement as “Advertisement” whenever required to do so by law or whenever we consider it appropriate, for
any reason, to distinguish it from other types of content.
4. The rate for your advertisement will be as agreed by us and specified in the Rate Card and Rate Card and Advertising
Agreement Online. You must pay us for the advertising services in accordance with the terms of your order. If no due
date for payment is specified in your order, you must pay us within 14 days of the date of the invoice. We will invoice
you monthly in advance. All rates and charges quoted are, unless expressly stated otherwise, exclusive of GST. We will
issue you with a valid tax invoice and you must pay us the rates and charges quoted to you. Standard creative must
be received by the 18th of the month. If creative is received by us after the relevant date 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 the lead time requirements. We will not
compensate you where campaigns are affected or delayed in any way by third party ad-server redirect problems. If
you submit advertising material to us electronically, the material must comply with our specifications. We can reject
the advertising material if it is not submitted in accordance with such specifications.
5. You must promptly check any proofs of advertising, if we have arranged to provide you with any and notify us of any
errors in the proofs or in any advertisement that we publish for you. We do not accept any responsibility for errors in
advertising material that has been submitted electronically by you.
6. Cancellation of any advertisement or campaign must be received in writing from you no less than 21 days before
the commencement date in your order in order to receive a 100% refund. Any cancellations of any nature received
after the Cancellation Deadline as published in the Rate Card and Advertising Agreement Online are at the sole
discretion of Marulan Region Chamber of Commerce Inc. Any cancellations after this date will be subject to a
minimum cancellation fee of 100% of the total cost of the entire campaign. Campaigns cancelled at your request after
commencement will not be entitled to a refund of the unused portion of the campaign.
7. 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
8. By submitting advertising material to us or authorising or approving the publication of advertising material by us 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 us, 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 us, you indemnify us 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 us 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.
9. We make no representation or warranty in relation to the number of visitors to our websites or the number of
impressions at any site except for any made expressly in writing by us. Except for any warranty or representation
made expressly in writing by us, you acknowledge that you have not relied on any advice given or representation
made by us or on our behalf in connection with the advertising.
10. We have no liability to you and you indemnify us in relation to any failure of telecommunications services or systems
which affect our receipt of your advertisement or the publication of your advertisement.
11. 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) which 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.
12. 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.
13. These Terms and Conditions, together with your Rate Card and Advertising Agreement Online, 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). We may serve a notice or any court document on you by
forwarding them by prepaid post or facsimile to your last known address.