Guardian Australia advertising terms and conditions
Definitions and Acceptance of the Terms and Conditions
1. GNM Australia Pty Ltd ACN 161 165 242 ("GNM") accepts publication of advertisements on the terms and conditions set out below ("Terms").
2. These Terms apply to advertisements on theguardian.com/australia, observer.theguardian.com/australia and the Guardian Ad Network ("Websites") (together "Advertisements").
3. By placing an order, the Advertiser (which is the person placing the order for the Advertisement whether they are the advertiser of the product or service referred to in the Advertisement or the advertising agency or media buyer for such advertiser) accepts and agrees to be bound by these Terms in full.
Content and Delivery of Advertisements
4. Materials for an Advertisement must be provided no later than the deadline specified in the appropriate rate card and, for Advertisements on the Websites, in accordance with the Website technical specification at adinfo-theguardian.com/general/how-to-advertise/index.shtml
5. GNM may, without any responsibility to the Advertiser, reject, cancel or require any Advertisement to be amended that it considers unsuitable or contrary to these Terms and remove, not print, suspend or change the position of any such Advertisement. GNM may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising in any of the Newspapers or the Websites. The Advertiser will remain responsible for all outstanding charges.
6. The publication of an Advertisement by GNM does not mean that GNM accepts the Advertisement has been provided in accordance with these Terms or that GNM has waived its rights under these Terms.
7. The Advertiser warrants to GNM that:
(i) any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
(ii) it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement;
(iii) the Advertisements are legal, decent, honest and truthful, are not contrary to the provisions of any applicable law, regulation or code of practice (whether or not legally or contractually binding on GNM and including the Australian Association of National Advertisers Code of Ethics and all other codes and initiatives administered by the Australian Advertising Standards Bureau – see adstandards.com.au/advertisingstandards/codesweadminister), are not libellous or obscene and do not infringe the rights of any person (including any person's intellectual property rights);
(iv) the Advertisement will not be prejudicial to the image or reputation of GNM or the Websites or the Newspapers; and
(v) all Advertisements submitted for publication online will be free of any viruses and no Advertisement will cause an adverse effect on the operation of the Website(s).
8. Where the Advertiser is an advertising agency or media buyer, the Advertiser warrants that it is authorised by the advertiser of a product or service to place the Advertisement with GNM and the Advertiser will indemnify GNM for any claim made by such advertiser against GNM.
Payment
9. All Advertisements are accepted on the basis that they will be paid for at the applicable rates set out in the applicable rate card on the date of publication. GNM may change its rates at any time by publishing the modified rates at theguardian.com/advertising/advertising-rates. Any changes to the rates will take effect immediately. However, any changes to the applicable rates will not apply to any orders made prior to the date of such change. Any consideration payable for a supply made under or in connection with these Terms, unless specifically described as 'GST inclusive', does not include any amount on account of GST. If GST is payable on any supply made under or in connection with these Terms (not being a supply the consideration for which is specifically described as 'GST inclusive'), the recipient of the supply must pay to the supplier an additional amount equal to the GST payable on the supply, provided that the supplier gives the recipient a tax invoice for the supply. Words or expressions used in this clause 9 which are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning in this clause.
10. All sums payable to GNM should be made in accordance with GNM Financial Terms & Conditions which are: All new customers will be required to prepay unless credit terms have been approved following a satisfactory credit check. Credit application forms are available on request from gnmar@theguardian.com. GNM's standard credit terms are for payment to be received as cleared funds by BACS payment on or before 28 days of the date of insertion/date of invoice. Any changes to the Standard Payment Terms must be agreed by the GNM Accounts Receivable Team Leader. GNM may charge interest on the amount outstanding up to 4%.
Online Advertisements
11. In the event of any disagreement regarding the number of impressions served, the Advertiser agrees that the figures provided by doubleclick or in the case of rich media, the third party provider such as TangoZebra or Eyeblaster, will be final and binding.
12. GNM agrees that all Advertisements will be targeted at individuals in the Australia unless otherwise stated at the time of booking.
13. Where non-Australia targeting is required, GNM will endeavour to target the Advertisement at individuals in the country or countries specified at the time of booking.
14. GNM cannot guarantee the number of impressions. In the event the number of impressions during the campaign period is less than the impressions booked by the Advertiser, GNM shall continue to serve the Advertisements after the end of the campaign period until the number of booked impressions is reached.
15. In the event advertising copy is received after midday (Sydney time) on the day before an Advertisement is due to be published, the number of impressions booked will be reduced on a pro rata basis for every 24 hours that the copy for the Advertisement is supplied after this deadline. For example, if copy is provided 2 days late for a campaign that is due to serve 100,000 banners in a 10-day period, the number of impressions will be reduced by 20,000. There will be no reduction in the fee payable.
Guardian Ad Network
16. GNM does not guarantee that Advertisements booked to appear on the Guardian Ad Network will appear on every site on the Guardian Ad Network or that impressions will be spread evenly across the sites or that the Advertisement will appear on a particular site (unless GNM agrees in writing with the Publisher to publish the Advertisement on a particular site).
Data Collecting on theguardian.com/australia
17. Where an Advertiser wishes to drop cookies on users' computers or use pixels, web beacons or other data collecting technology (the "Data Collecting Technology") for the purpose of displaying or providing advertising on theguardian.com/australia and tracking impressions and related data, it shall notify GNM in advance of booking an Advertisement and provide all information requested by GNM regarding such Data Collecting Technology.
18. If GNM authorizes the Advertiser to use Data Collecting Technology, GNM will provide written authorisation within the Insertion Order and Advertiser agrees to use such Data Collecting Technology and all data collected from it solely in the manner disclosed to GNM.
19. All data collected by Advertiser through such Data Collecting Technology will be confidential information owned by GNM and will not be disclosed by the Advertiser to any third party without the consent of GNM in advance. In no event shall such Data Collecting Technology or the data collected from it be used by Advertiser for the purpose of tracking or targeting users when they leave theguardian.com or be combined with information collected from other sources, except where GNM has given agreement in writing. Advertiser shall ensure it complies with the GNM privacy policy or policies with respect to such Data Collecting Technology and all applicable laws and regulations and that all such data will be deleted from its servers upon the end of the relationship between GNM and the Advertiser.
Inserts
20. Occasionally, GNM cannot distribute the number of Inserts agreed with the Advertiser on a specific day due to changes in the print run. Where this happens, GNM will distribute all 'overs' at the next suitable opportunity (usually the next day or next available date arranged with the print sites). The Advertiser will be liable for the full cost of the Insert order. In no event will GNM be liable for loss arising from failure to insert or any errors in the insertion of Inserts
Liability of GNM
21. GNM accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any Advertisement copy to GNM or any loss or damage to any Advertisement copy or any other materials. The Advertiser warrants that it has retained sufficient quality and quantity of all materials supplied to GNM.
22. GNM shall use its reasonable endeavours to reproduce Advertisements as provided by the Advertiser but cannot guarantee that the Advertisement will be of the same quality.
23. Advertisements normally appear in all editions of a Newspaper but GNM reserves the right to omit certain Advertisements from the European editions.
24. GNM will not be responsible for any additions to, changes in, deletions from, delays in publication or withdrawal of any Advertisements required by any authority having responsibility for the regulation of online or press advertising (including the Austrlian Advertising Standards Bureau).
25. GNM cannot guarantee the time, dates and/or position of Advertisements and all such decisions will be at the sole discretion of GNM. However, GNM will use reasonable efforts to comply with the wishes of the Advertiser.
26. If a booked Advertisement is not published at all solely due to a mistake on GNM's part, GNM will try to offer an alternative publication date(s). If the alternative date(s) is not accepted, the original booking will be cancelled and the Advertiser shall be entitled to a full refund if the Advertiser has paid in advance for the Advertisement. This shall be the Advertiser's sole remedy for failure to publish the advertisement.
27. If the Advertisement as reproduced by GNM contains a substantial error solely due to a mistake on GNM's part, GNM shall, on request, re-publish the Advertisement at no additional cost to the Advertiser. GNM shall not be responsible for repetition of errors and it is the Advertiser's responsibility to inform GNM of any errors and provide any necessary assistance to GNM to prevent a repeat of the error.
28. GNM shall not be responsible, under any circumstances, for any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue or any loss which cannot reasonably be considered to arise naturally from the events giving rise to the losses, and GNM's maximum total liability to the Advertiser (including any party claiming through the Advertiser) for any loss or damage arising out of or in relation to the subject matter of these Terms including any Advertisement whether in contract, statute, tort (including negligence) or on any other basis in law or equity shall not exceed the total amount of the charges for the relevant Advertisement actually paid by or on behalf of the Advertiser.
29. In respect of Advertisements on the Websites, GNM does not guarantee continuous, uninterrupted access by users of the Websites but will use reasonable efforts to provide this (except for websites that make up the Guardian Ad Network over which GNM has no control). In addition, GNM will not be responsible for any failure or delay affecting production or publication of any Newspaper or the transmission of the Websites and any Advertisements contained in them, in any manner where such failure or delay results from any act, omission, interruption, fault or other condition beyond the reasonable control of GNM.
30. GNM is not responsible for the content or operation of sites that make up the Guardian Ad Network.
31. Despite any other provision of these Terms, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law which are not expressly set out in these Terms and impose any liability or obligation on GNM are excluded under these Terms. The Advertiser warrants that it has not relied on any advice given or representation made by or on behalf of GNM in connection with the Advertisement. Nothing in these Terms however operates to exclude, restrict or modify the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth) or any other statute where to do so would contravene that statute or cause any term of these Terms to be void ("Non Excludable Obligation"). To the extent such liability can be limited, GNM limits its liability for breach of any Non Excludable Obligation to the cost of, or payment of the cost of, re-supplying the services under these Terms (as GNM may elect). In addition, nothing in these Terms will limit or exclude GNM's responsibility for death or personal injury resulting from its own negligence or fraud.
32. Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.
Liability of the Advertiser
33. The Advertiser will fully indemnify GNM for all claims, losses or expenses arising as a result of any breach or failure to perform of any of these Terms and/or the use or publication of the Advertisement by GNM in accordance with these Terms.
Rights
34. GNM owns the copyright in all Advertisements written or designed by it or on its behalf.
35. The Advertiser grants GNM the right (free of charge) to:
(i) use such of the Advertiser's names, trade marks and/or logos as GNM may consider necessary for the purposes of publishing the Advertisements;
(ii) reproduce the Advertisement in any media at any time from the date the Advertisement was last published in the Newspapers for promotional purposes. For the avoidance of doubt, the content, layout and format of any Website or Newspaper will be subject to variation at GNM's sole discretion.
Cancellation policy
36. The cancellation period for an Advertisement varies according to the publication. The Advertiser should refer to the relevant rate card at theguardian.com/advertising/advertising-rates. The Advertiser may cancel an Advertisement provided that notice in writing is received by GNM within the relevant cancellation period. Please send notice of your intention to cancel to the person who made your booking or if that person is unavailable, by fax to [ ] and [ ]. Cancellation will only be effective on confirmation of receipt of your notice.
37. If the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, GNM may treat the order as cancelled.
General
38. A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms.
39. If GNM fails or delays in exercising its rights or remedies provided by these Terms, it shall not be deemed to have waived that or any other right or remedy under these Terms.
40. These Terms shall be governed by the law of New South Wales, Australia, and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New South Wales, Australia to determine any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to these Terms. These Terms can only be varied in writing by an authorised officer of GNM and no purchase order or other document issued by the Advertiser will vary these Terms.