Terms & Conditions
The following terms and conditions apply to all orders placed by any person or organisation (Advertiser) through the Time Out Express Ads website for advertising on a website published by Print & Digital Publishing Pty Ltd (ACN 125 441 812) trading as Time Out Sydney and Time Out Melbourne (Publisher).
- The Publisher will issue a ‘paid’ invoice to the Advertiser for all Advertisements ordered, within 7 days of payment by the Advertiser
- The Publisher reserves the right to reject any advertisement submitted and paid for by the Advertiser. In such circumstances, a full refund will be provided to the Advertiser less any reasonable administrative fees
- The Advertiser may cancel or amend an Advertisement, without penalty, no later than 5 days prior to the confirmed date for first publication of that Advertisement by emailing firstname.lastname@example.org. If an Advertiser cancels an Advertisement, other than a cancellation which is permitted by this paragraph without penalty, the Publisher is entitled to receive full payment for the Advertisement. The Advertiser acknowledges that, if an Advertisement is cancelled less than 5 days prior to publication, the Publisher may be unable to prevent publication of the Advertisement.
- The Publisher reserves the right to, for any reason and at its absolute discretion, reject, or reschedule the publication of an Advertisement, for any reason, including but not limited to where an Advertisement may breach a relevant law, industry standard or industry code or not be aligned with the Time Out brand.
- The final media ready Advertisement (ad designs) must be within specifications detailed on the website and the correct ad designs must be received by the Publisher no later than 5 days prior to publication. Failure to provide the media ready Advertisement will not affect the Advertiser’s obligations under these terms and conditions.
- The Advertiser agrees that they own all designs and images that may form part of their ad designs, or Advertiser has express permission to use same from copyright owner, or have used templates provided by designer websites such as Snappa.com that may be used for the purpose of digital advertising. The Advertiser accepts any breach of copyright related to the ad designs they upload on the Time Out Express Ads website.
- If agreed prior by the Advertiser, any production costs incurred by the Publisher to format an Advertisement for publication may, at the discretion of the Publisher, be charged to the Advertiser.
- The Publisher reserves the right to amend the format of the Advertiser’s uploaded designs any time prior to publication. The Publisher will endeavour to notify the Advertiser of any such format amendments.
- All advertisement orders are related to advertising space only. The Publisher gives no undertaking to the Advertiser to include any editorial content or any additional service such as Performance Reports for the advertisement.
- Advertisers must check Advertisement proofs (ad designs) if such proofs are submitted by the Publisher to the Advertiser.
- It is the responsibility of the Advertiser to notify the Publisher of any error in a published or scheduled Advertisement without delay.
- Terms of payment are immediate upon advertisement order on the website.
- To the extent permitted by law, the Publisher and its officers, employees and agents will not be liable for any loss or damage however caused in respect of an Advertisement altered, delayed or omitted, whether by negligence, mistake or otherwise. Any other liability of the Publisher or of any of its officers, employees or agents arising in respect of an Advertisement or series of Advertisements is limited to the re-supplying of the publication of the Advertisement or paying for the re-supply of the publication of the Advertisement, at the discretion of the Publisher. The Publisher makes the stipulations contained in this paragraph on behalf of each of its officers, employees and agents and the Advertiser must not bring or be party to or assert any action, claim, counterclaim or set-off against any of them other than as set out in this paragraph.
- An Advertisement is accepted for publication on the condition that the Advertiser warrants to the Publisher that no material, statement, information or matter contained in the Advertisement constitutes a violation of any existing copyright or trade mark or a breach of confidence and the Advertisement contains nothing defamatory, obscene, indecent, libellous or in contempt of any court, tribunal or Royal Commission and that its contents do not and its publication must not in any way breach the Competition and Consumer Act 2010 (Cth) or other applicable statute, regulation, code of practice, industry standard, or law.
- The Advertiser must, and the advertising agency or representative (if any) jointly and each of them severally must, indemnify and keep indemnified the Publisher and its officers, employees and agents against all claims, demands, damages, costs, penalties, suits and liabilities of any nature however caused whether by negligence or otherwise incurred by the Publisher or its officers, employees or agents arising out of the publication of an Advertisement.
- The acceptance and publication of an Advertisement by the Publisher will be deemed to be the consideration for the granting of the warranty and indemnity contained in these terms and conditions. This warranty and indemnity will be implied in each submission of an Advertisement for publication by the Advertiser without the necessity for the execution of any other document.
- The Publisher may collect and use personal information provided by the Advertiser in order to process and accept an Advertisement for publication. The Publisher may also use this information to inform the Advertiser of goods or services of the Publisher that may be of interest to the Advertiser.
- These terms and conditions are binding on the Advertiser and the Publisher and cannot be varied, assigned or waived except in writing signed by an authorised officer of the Publisher.
- The laws applicable in New South Wales, Australia govern these terms and conditions and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts competent to hear appeals from those courts.