Terms and Conditions for Magazine Advertisers
Terms and Conditions for Magazine Advertisers, current as at March 26, 2013.
Terms and Conditions for Users of our Website
The users of this website agree to be bound by the terms and conditions of use, which are subject to change at any time at the discretion of Retail Media. The use of this website constitutes your agreement to be bound by these terms and conditions.
Intellectual property rights
The user understands that the website and all contents belong to Retail Media, advertisers or third party interests and is protected by Australian and international intellectual property laws. Any interference from users will result in a breach of those laws.
Retail Media reserves the right to terminate an individual’s use of the website at any time if it suspects misuse.
Users have the right to view and download material from the website, but this must be for personal, non-commercial use only and must not result in modification of the material.
Unless stated otherwise, users are prohibited from copying or republishing any material from this website, without prior written consent from the copyright or trademark owner.
The opinions expressed on this website are not necessarily those of Retail Media’s management and staff.
This website may include links to third party websites that are separate entities from Retail Media. Therefore, we accept no responsibility once users leave our website. Users do this at their own risk. Any links from a third party website to the Retail Media website must be approved by Retail Media.
The Retail Media website may contain third party content, which is subject to the third party’s own terms and conditions. Any third party advertising that may be present on the website does not mean that Retail Media endorses or recommends the advertisers’ products or services.
Retail Media accepts no responsibility for the contents of advertisements. All advertisements are accepted in good faith and the liability of the advertising content is the responsibility of the advertiser.
Advertiser warranties to Retail Media that advertising material lodged with Retail Media – whether or not Retail Media provided creative services in relation to that material – must:
(a) comply with all laws, statutes, regulations, codes of practice and any standards applicable to publication of the advertising material and determined by any relevant regulatory agency or industry self-regulatory body.
(b) comply with any standard, guideline or requirement specified by Retail Media and notified to an advertiser from time to time.
(c) does not infringe copyright, trademarks, obligations of confidentiality or other legal rights of any person.
(d) is not false or misleading and is true in substance and fact.
(e) without limiting the above, does not infringe the Trade Practices Act 1974 (Cth) or the Therapeutic Goods ACT 1989 (Cth), the Therapeutic Goods Regulations or the Therapeutic Goods Advertising Code operating in Australia.
(f) does not contain anything that may give rise to any cause of action by a third party against Retail Media, including, without limitation, material that is defamatory or obscene or otherwise causes injury or damage to any person.
Advertiser warranties to Retail Media that the advertiser is acting in their own right, as principal, and not as an agent for, or otherwise on behalf of, any other party in relation to the advertiser’s dealings with Retail Media.
The user indemnifies Retail Media, its officers, employees, agents and affiliates (and their employees and agents) against any action, claim, loss, expense or cost suffered or incurred, whether directly or indirectly, by Retail Media, its officers, employees, agents and affiliates (and their employees and agents) as a result of any breach by clients of these terms, or otherwise (including in connection with recovering any amounts owed to Retail Media by a client), arising from publication of advertising material or cancellation of, or failure to, publish any advertising material or otherwise.
Retail Media (and its officers, employees, agents and affiliates) is not liable under these terms or otherwise in law for any indirect, special, economic or consequential loss or damage suffered or incurred by users (or any other persons). Or for loss of revenue, profit, goodwill, data or opportunity, or loss of anticipated saving whether caused by negligence or otherwise and whether or not Retail Media was aware or should have been aware of the possibility of such damage.
To the extent permitted by law, all representations, conditions and warranties, whether based in statute, common law or otherwise, are excluded. Liability of Retail Media for any breach of a term or condition, whether implied by law or otherwise, is limited, at Retail Media’s option, to the supply of the service (or part thereof) again, or the payment for the cost of having the service (or part thereof) supplied again.
Retail Media is not liable for any delay or failure to perform the services, which is due to any natural disaster, revolution, unlawful act against public order or authority, breakdown of plant, industrial dispute, government or legal restraint or any event not within the reasonable control of Retail Media.
Cancellations, refunds and returns
A subscription can be cancelled at any time by contacting our Subscriptions Coordinator on +61 2 9683 0169 or firstname.lastname@example.org.
All subscription terminations must be accompanied by a letter of cancellation, which can be faxed to +61 2 9890 1877 or emailed to the above address. A refund will be given for the remainder of the subscription period in the form of a cheque.
Returns to Retail Media will be assessed on a case-by-case basis. If the returns were received due to going to a wrong address or incorrect contact details, every effort will be made to get in touch with the subscriber so that we can update their shipping details.
If the return is due to a cancellation, please see above for the correct procedure.
On entering your personal details on any part of this website, you may be requested to ‘opt in’. This means you consent to Retail Media using or disclosing personal information to authorised third parties.
Retail Media will give the opportunity to ‘opt out’ of receiving e-newsletters and other promotional and marketing material. This can be done by clicking the ‘unsubscribe’ link or by contacting our office (details below).
Retail Media Pty Ltd
ABN 77 000 535 099
Level 1, 410 Church Street
North Parramatta NSW 2151
T: 02 9890 1199