A division of Cirrus Media Pty Ltd | ABN: 80 132 719 861
Locked Bag 2999 Chatswood DC NSW 2067
Tel (61 2) 9422 2999 | Fax: (61 2) 9422 2977
Terms and Conditions
These are the terms and conditions upon which we accept material for publication
from you. Any other conditions proposed by you shall be void unless accepted by
us in writing. In these terms and conditions:
"Websites" means any of the web sites and online services
owned or controlled by us;
"We", "us" and "our"
means Catch, the online division of Cirrus Media Pty Limited ABN 80
132 719 861; and
"You" means the advertiser.
GIVING US MATERIAL
- When you give us material for inclusion in any of our websites, you warrant
a. you own that material or have the right to use
and publish that material;
b. the material does not breach any law or the rights
of any other person;
c. you have the right to represent the individual,
entity, product or service mentioned in the material; and
d. you are bound by our terms and conditions and will
pay our rate applicable to your material.
- Unless we inform you otherwise, you may give us only one piece of creative
per unit type (banner, tile, button, micro-button) per month. If you wish to change
the creative for any ad unit, we will use your new creative 14 days after you give
it to us. If you give us a rich media advertisement, we require up to 5 additional
working days to test it before it will appear in our websites.
- The standard due date for supplying advertising material is 14 days
from booking confirmation, unless otherwise advised by us. Your booking commences
from this date, from which you will be charged for the space booked. If you do not
supply us with the materials by the due date, we may insert previous material. If
the materials you supply do not comply with our requirements and specifications
so as to allow its inclusion in our websites, we may rectify or adapt the materials
to enable the material to be in a form for inclusion.
- We will not at any time or under any circumstances, be liable for any loss
or damage to your materials.
NOTICE - Enhancing Advertiser Listings
- You acknowledge and agree that Catch may enhance your business listings on
its websites by including content accessible from your business website (including
text, images and video clips). You agree that you own or have the right to grant
a licence in such content, and consent to Catch’s use, reproduction, publication,
adaptation and modification of such content (without acknowledgement or attribution)
for the purpose of inclusion in your business listings on Catch websites.
- If you wish to stop publication of the material or if you request work we
are doing for you to stop after you have instructed us to proceed with the work,
you must request our consent in writing. If we do consent, you must pay us:
a. any expenses we have incurred relating to the acceptance
or preparation of your material for publication; and
b. in our absolute discretion, a cancellation fee
of up to 100% of the value of the advertising or of the work being done.
OUR PRICING AND PAYMENT
- a. Our prices are listed in our Rate Card and
unless otherwise stated are exclusive of GST. The Rate Card and these terms and
conditions are subject to change at any time by us and without notice to you.
b. Unless otherwise agreed at the time we
accept your material, accredited advertising agencies that are approved by us will
receive a standard 10% agency discount off the Rate Card prices.
No discount will be given in respect of material that is for the direct benefit
of the agency.
- a. All amounts shown on our tax invoices are
in Australian Dollars unless specified otherwise.
b. You must pay us in Australian dollars
- We will send you a tax invoice and unless otherwise agreed, you must pay us
for publication of the material or any other work that we are providing to you,
within the time stipulated on our tax invoice.
- If you do not pay us the full amount within the time stipulated in the tax
invoice, we may remove your material from our websites and stop any other work that
we may be doing for you. You agree that we may recover the outstanding amount specified
in the invoice together with interest, our legal costs, bank fees and charges, any
other expenses incurred in attempting to recover the debt and any fees and commissions
or other amounts we pay to any collection agency to act on our behalf.
- We may, in our sole discretion:
a. refuse to publish any advertisement you give us;
b. remove any existing advertisement from any website
ADVERTISEMENT SERVING AND REDIRECTS
- We serve your online advertisements in our websites in-house. At your request,
we can provide you with statistical reports about the performance of your online
advertising campaign. If you would like to track the performance of your campaign
by using your own advertisement server, we will accept your redirect code. By giving
us your redirect code, you agree to give us access to reports generated by your
advertising server for your campaign in our websites. If there is a discrepancy
between the reports from our advertising server and those from your advertising
server, you agree to rely on the information provided by our advertising server.
- a. Casual displacement, omission, inability
or failure to publish an advertisement in our websites does not invalidate this
b. Every care will be taken to ensure prompt insertion
of the material but we will not be liable for any loss occasioned by the failure
of the material to appear in any specified date or websites.
c. If we are unable to publish the material for any
reason, we will only be liable to you for a maximum refund of the amount you paid
us for the publication of the material subject to a pro rata reduction to take into
account the period of advertisement downtime experienced.
d. To the extent possible, all implied and express
warranties in legislation (including federal and state trade practices and sale
of goods legislation) that may give you greater rights than are expressed in this
clause are negatived.
- You will indemnify us against all suits, claims and demands made against us
and loss or damage suffered by us arising from our publication of your material
a. a breach of your warranty in clause 1;
b. any allegation that we have breached any intellectual
property rights of any third party; and
c. any other civil or criminal liability we may be
- For the purpose of obtaining or providing a credit check/reference, you authorise
us to make enquiries and to use, exchange and disclose to any credit provider or
credit reporting agency, any or all information we know or obtain concerning your
- The law in force in New South Wales, Australia governs these terms and conditions.
IMPORTANT PRIVACY NOTICE
We collect the information on this form for the purposes of processing your order,
making credit enquiries, keeping you informed about upcoming events and assisting
in improving our service to you. We disclose the information (excluding your credit
worthiness and e-mail address) to other members of the Cirrus Media Group for these purposes.
It may also be used by Mardev, one of our business units, to prepare lists of customers
which it then rents to third parties to provide direct marketing offers which we
think may be of interest to you. The provision of this information is voluntary
but if you do not provide the information requested we may not be properly able
to process your order. You have both a right of access to the information we hold
about you and a right to ask us to correct it if you think it is inaccurate or out
of date. If you do not want to receive information about other products,
services, offers or events or you do not want your information disclosed to Mardev,
please call us on 02 9422 2999. Please direct any queries regarding your
privacy rights to The Privacy Officer at the address detailed on this form.