Advertising Products Terms and Conditions
1. Acceptance of Terms
- 1.1. All Advertisers agree to be bound by the Terms & Conditions set out on www.pinkpages.com.au, terms and conditions agreed to over the phone as well as these additional terms and conditions, as applicable.
- 1.2. The terms that apply to your Contract and Service are set out in:
- 1.2.a. these terms including any attachments;
- 1.2.b. the approved and authorised order form or equivalent contract, over the phone with a sales person or otherwise;
- 1.2.c. where applicable; the commercial credit application;
- 1.2.e. any advertising rules and/or guidelines which apply to your Service; and
- 1.2.f. any equivalent approved and authorised document received by Dawson Media Pty Ltd.
- 1.3. These Advertising Products Terms and Conditions supersede any terms and conditions previously issued, whether it be in writing, verbally or on www.pinkpages.com.au or otherwise issued by Dawson Media Pty Ltd.
- 1.4. Dawson Media Pty Ltd, in its sole discretion, may vary these terms and conditions at any time without notice.
2. Term of Advertising Contract
- 2.1. The Contract begins on the date the approved and authorised order form, commercial credit application, verbal agreement with a sales person or equivalent contract is received by Dawson Media Pty Ltd.
- 2.2. The Contract will continue automatically for successive follow-on terms unless and until it is terminated in accordance with clause 6.
3. Changes to the Contract, Product or Terms
- 3.1. Modifications or revisions of the Advertising Products Terms and Conditions can be made any time by Dawson Media Pty Ltd without any prior warning or notice.
- 3.2. The changes will be effective as soon as they have been posted on the Website.
- 3.3. You should check the terms and conditions from time to time so you are aware of any changes to the site and services.
- 3.4. Your continued use of Pink Pages Online after any modifications indicates you have accepted the new terms and conditions.
4. Advertiser Content
- 4.1. Dawson Media Pty Ltd takes no responsibility for any of the Advertiser Material.
- 4.2. Dawson Media Pty Ltd will determine the utilisation of all keywords, categories and other material used to describe or categorise a business listing for all purposes relating to the Directory.
- 4.3. Dawson Media Pty Ltd may remove, revise or refuse to publish any Advertiser Material.
- 4.4. Dawson Media Pty Ltd reserves the right to include or exclude entry to, or remove a business from, the site and the directory at any time, for any reason whatsoever and without any liability to Dawson Media Pty Ltd;
- 4.5. The Advertiser acknowledges and agrees that Dawson Media Pty Ltd may provide the Directory from time to time to other commercial enterprises including for publication on another website. Dawson Media Pty Ltd does not warrant that the Advertiser’s listing in the Directory will be published or continue to be published on an internet site that is a distribution partner of Dawson Media Pty Ltd. The Advertiser acknowledges and agrees that:
- 4.5.a. The failure of an internet site to publish or continue to publish the Advertiser’s listing or Advertiser Material in any form will not affect the parties’ rights and obligations under this Contract;
- 4.5.b. Dawson Media Pty Ltd is not liable to the Advertiser for any claim for loss or damage arising from the publication or non-publication of the Advertiser’s listing or Advertiser Material on such internet sites; and
- 4.5.c. Dawson Media Pty Ltd retains the right to change its distribution partners from time to time and gives no warranty that the Advertiser’s listing or Advertiser Material will be distributed by any particular distribution partner for any particular period.
5. Fees and Charges
- 5.1. Invoicing and payment:
- 5.1.a. Upon receipt of the approved and authorised order form, commercial credit application, verbal agreement with a sales person or equivalent contract by Dawson Media Pty Ltd, the Advertiser will be issued with a tax invoice inclusive of GST. Payment is required as set out in clause 5.1.f
- 5.1.b. The Advertiser must pay all fees and charges as set out in an approved and authorised order form, as stated over the phone by a sales person or equivalent contract upon receipt of a tax invoice on the payment dates set out in that document.
- 5.1.c. Dawson Media Pty Ltd reserves the right to make changes to the prices at any time, on 30 days notice to the Advertiser
- 5.1.d. The Advertiser acknowledges that the fee and other charges are exclusive of GST. GST is charged at a rate of 10%. If the rate of GST changes, this will simultaneously be reflected in the charges payable by the Advertiser and the Advertiser agrees to pay this increase from the changed date.
- 5.1.e. The Advertiser is expected to adhere to the payment terms and payment method agreed to on the order form, as agreed to over the phone with a sales person, or equivalent document.
- 5.1.f. Payment methods and payment terms accepted by Dawson Media Pty Ltd are as follows: credit card and direct debit are cash on day of invoice; cheque and electronic funds transfer are strictly 30 days from date of tax invoice. Customers paying by cheque or electronic funds transfer are required to fill out a credit application refer to clauses 5.1.j and 5.1.k.
- 5.1.g. Should the Advertiser elect to pay by credit card then Dawson Media Pty Ltd reserves the right to process the credit card for payment as required to achieve a successful outcome in the event that the original processing transaction is unsuccessful. The Advertiser acknowledges that it is solely responsible for any charges or fees associated with insufficient funds or any other such charge relating to the collection of payments.
- 5.1.h. Should the Advertiser’s account exceed Dawson Media Pty Ltd’s payment terms and be passed on for collection and or legal action, all costs including debt collection, commission, solicitor’s fees and any out of pocket expense will be the liability of the Advertiser.
- 5.1.i. If the Advertiser at anytime exceeds Dawson Media Pty Ltd’s payment terms and as a result is passed on for collection and or legal action Dawson Media Pty Ltd may place a default against the Advertiser with a credit reporting agency.
- 5.1.j. For those Advertisers applying for a commercial credit account the payment terms will be 30 days from invoice date.
- 5.1.k. Approval of a commercial credit account is subject to the assessment of the Advertiser’s credit worthiness and ability to meet Dawson Media Pty Ltd’s terms and conditions.
- 5.1.l. In consideration of Dawson Media Pty Ltd having agreed at the directors’ request to supply its services and to give credit to the Advertiser, the directors unconditionally and irrevocably guarantee, jointly and severally, the due and punctual payment to Dawson Media Pty Ltd on demand of all monies now or in the future payable to Dawson Media Pty Ltd by the Advertiser.
- 5.1.m. This guarantee shall be a continuing guarantee and shall not be affected by any payment of monies or settlement of account, Dawson Media Pty Ltd granting time or any other indulgence to the Advertiser or any other person; any arrangement between Dawson Media Pty Ltd and the Advertiser or any other person, Dawson Media Pty Ltd failure or neglect to recover monies, any lack of power on any director’s part to give this guarantee; release, discharge or transfer of any security held by Dawson Media Pty Ltd; any director not executing this guarantee; or any other event, act or omission on Dawson Media Pty Ltd’s part whatsoever. This guarantee is a principal obligation and is enforceable. Notwithstanding that the monies guaranteed are irrecoverable from the buyer.
- 5.2. If at any time during the initial term or follow-on term there are insufficient funds in the Advertiser’s credit card account or the bank account (as the case may be) to cover all fees or charges when they are due, the Advertiser is in breach of this Contract and Dawson Media Pty Ltd, without notice to the Advertiser and without affecting any other rights, may terminate this Contract according to clause 6 and/or suspend provision of the services.
- 5.3. Confidential account information: The Advertiser acknowledge and agree: (a) where the Advertiser is a partnership, by each of its partners: (b) where the Advertiser is a company, by each of its directors that:
- 5.3.a. Dawson Media Pty Ltd may, at any time, in relation to either the advertiser, a partner or director:
- 5.3.a.i. disclose information contained in this Commercial Credit Application and or order form, including verbal order form, concerning that person to:
- 5.3.a.i.1. a credit reporting agency in accordance with section18E (8)c of the Privacy Act 1988(Cth);
- 5.3.a.i.2. another credit provider;
- 5.3.a.ii. obtain a credit report from another credit provider about that person’s credit worthiness;
- 5.3.a.iii. disclose information to another credit provider about that person’s consumer credit worthiness;
- 5.3.a.iv. use information that concerns that person’s commercial activities or commercial credit worthiness pursuant to Section18L(4) of the Privacy Act 1988(Cth) following the receipt of a credit report for the purpose of assessing the Commercial Credit Application;
- 5.3.a.v. disclose a report, including a verbal report, concerning that person, or any information derived from such a report, to another credit provider who requests the report or information for the purpose of assessing an application by that person for credit:
- 5.3.a.vi. disclose this information to our Solicitors or Collection Agency in the event of the account being delinquent in accordance with Section 18K(1)g.
- 5.3.b. A credit reporting agency in possession or control of a credit information file relating to either the applicant or a partner or director of the applicant may disclose personal information contained in the file to Dawson Media Pty Ltd:
- 5.3.b.i. pursuant to Section 18K(1)b of the Privacy Act 1988(Cth)
- 5.3.b.ii. pursuant to Section 18K(1)c of the Privacy Act 1988 (Cth). Terms 1a & 1b apply equally to the reassessment of an account in accordance with Section 18E(8)c of the Privacy Act 1988.
6. Termination of Contract
- 6.1. This Contract may be terminated in the following ways:
- 6.1.a. At any time the Advertiser and Dawson Media Pty Ltd agree in writing;
- 6.1.b. By one (1) month written notice after the initial term of the original contract;
- 6.1.c. By Dawson Media Pty Ltd without notice if:
- 6.1.c.i. the Advertiser (being an individual) is declared bankrupt; or
- 6.1.c.ii. any action is taken in relation to the Advertiser which, if the Advertiser is a corporation, reasonably indicates its insolvency (e.g. action is commenced for Dawson Media Pty Ltd to be wound up or placed in liquidation) or if the Advertiser is a person then similar events occur which indicate bankruptcy; or
- 6.1.c.iii. clause 5.2 is invoked at which time all outstanding fees and charges will be immediately due and payable.
- 6.2. Nothing prevents Dawson Media Pty Ltd from taking any action necessary to recover unpaid fees and charges. At which time all costs including debt collection, commission, solicitors fees and any out of pocket expense will be the liability of the Advertiser.
- 6.3. If the Advertiser at anytime exceeds the companies payment terms and as a result is passed on for collection and or legal action Dawson Media Pty Ltd may place a default against the advertiser with a credit reporting agency.
7. Cancellation Policy
- 7.1. If the Advertiser wants to terminate their Contract within the period of the term of the Contract then the Advertiser must do the following:
- 7.1.a. Give one (1) month written notice.
- 7.1.b. The Advertiser acknowledges that any cancellation request received within the contract period will incur a cancellation fee equaling the balance of the remaining contract.
- 7.1.c. A cooling off period of seven (7) days will apply to all Contracts where an advertiser may cancel their booking. No cancellation fees will be incurred as a result of cancellation.
- 7.2. Should a Premium Plan listing be cancelled within the minimum term, a Cancellation Fee equivalent to fifty percent (50%) of the remaining balance will be payable.
8. Liability and Indemnity
- 8.1. If Dawson Media Pty Ltd is the cause of any error or omission in the Advertiser material and the Advertiser suffers loss or damage as a result, Dawson Media Pty Ltd’s maximum liability to the Advertiser will be a refund of fees, the amount of the refund being calculated on a pro rata basis with reference to that period of the relevant term during which the error or omission was displayed as a proportion of the entire term for which fees and charges were paid by the Advertiser for services in relation to that Advertiser material.
- 8.2. The Advertiser indemnifies Dawson Media Pty Ltd against any successful claim by any third party against Dawson Media Pty Ltd in respect of any matter arising from the operation, use, transfer of data or money to and from Dawson Media Pty Ltd by the Advertiser.
- 8.3. By lodging material including electronic material or data for publication or authorising or approving the publication of any material with Dawson Media Pty Ltd, the Advertiser indemnifies Dawson Media Pty Ltd and its directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly from the publication of the material, and,
- 8.4. Without limiting the generality of the above, Advertisers and or advertising agencies indemnify Dawson Media Pty Ltd and its directors, employees and agents against any claims arising from:
- 8.4.a. defamation, libel, slander of title;
- 8.4.b. infringement of copyright;
- 8.4.c. infringement of trade marks or names of publication titles;
- 8.4.d. unfair competition;
- 8.4.e. breach of trade practices, privacy or fair trading legislation; and
- 8.4.f. violation of rights of privacy or confidential information or licences or royalty rights or other intellectual property rights.
- 8.5. Advertiser indemnity: The Advertiser indemnifies Dawson Media Pty Ltd for any loss or damage including indirect or consequential loss or damage regardless of its cause (including negligence and tort) arising out of or in any way connected with the supply of or failure to supply the advertising service, a payment method in an agreement, and/or any inaccuracy, inadequacy or incompleteness of information contained in a Company Directory, on the Website or any of its printed material.
- 8.6. No Advertiser assignment: The Advertiser may not assign its rights or obligations under any agreement with Dawson Media Pty Ltd without the prior written consent of Dawson Media Pty Ltd.
9. Intellectual Property
- 9.1. All intellectual property in relation to material included on the Website belongs to Dawson Media Pty Ltd or its licensors or Advertisers, and Users and other Advertisers obtain no interest in that property. Users and Advertisers may not do anything which interferes with or breaches those intellectual property rights.
- 9.2. Apart from fair dealing permitted by the Copyright Act 1968, Dawson Media Pty Ltd grants Users and Advertisers on the Website permission only to download copyright material for private purposes and not to use the content of the Website in any other way or for any other purpose.
- Maps and map data:
- 9.3.a. All content and material Dawson Media Pty Ltd relating to the maps included on or linked to the Website are the copyright of the mapping provider.
- 10.2. Disclosure Statement:
- 10.2.a. Dawson Media Pty Ltd collects your personal information to assist us in providing the goods or services you have requested, to process your competition entries, and to improve our products and services. We or any of our Australian related companies may be in touch by any means (including email or SMS) to let you know about goods, services, or promotions which may be of interest to you.
11. General Notices
- 11.1. Severability of some clauses: If any part of these terms and conditions are unenforceable the remainder will not be affected.
- 11.2. Jurisdiction: Advertisers acknowledge that all correspondence concluded on the Website and all online and telephone activities in relation to the Website are made and concluded in New South Wales. These terms and conditions shall be governed by the laws of the state of New South Wales. The parties agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction there.
- 11.3. Any notice to be served to Dawson Media Pty Ltd under this Contract must be served personally by post, facsimile or email to Dawson Media Pty Ltd at: Attention: Pink Pages Customer Service Department
P.O. Box 199
Parramatta NSW 2124
Fax: (02) 9633 2102
includes a corporation;
means calendar month;
means the business or their authorised representative (including an advertising agency) that has entered into an agreement with Dawson Media Pty Ltd in relation to the inclusion on the Website of listing or other advertising content, including through the use of this website to upload information into the Directory;
means a period of the same length as the initial term commencing on the day after the expiry of the initial term or the preceding follow-on term, as the case may be;
has the meaning as defined A New Tax System (Goods and Services Tax) Act 1999. Except where noted, all prices quoted in Company Contracts are inclusive of GST.
means: in relation to the initial term, the date of receipt by Dawson Media Pty Ltd in cleared funds of the Advertiser’s payment of all fees and charges; and in relation to the follow-on term, the first day of the follow-on term being the date on which the then applicable charges and any further fees that are due and payable;
means such of Dawson Media Pty Ltd products or services purchased by the Advertiser as indicated in the invoice from time to time;
means users of the Website including, where appropriate, Advertisers.
means documents including:
- these terms including any attachments;
- the approved and authorised Order Form or equivalent Contract;
- where applicable; the commercial credit application;
- any advertising rules and/or guidelines which apply to your Service;
- any equivalent approved and authorised document Contract received by Dawson Media Pty Ltd.
1300 and 1800 FREECALL SERVICE TERMS & CONDITIONS
DAWSON MEDIA PTY. LTD., ABN 44 001 281 787 supply services (“Services”) on the terms and conditions set out below. Words not defined in these terms and conditions have the same meaning as in the Telecommunications Act 1997.
1. OUR AGREEMENT WITH YOU
1.1 As a customer of Dawson media Pty. Ltd. these terms and conditions form the basis of our agreement.
2. SERVICE DESCRIPTION
2.1 Services will be supplied to you through the carriers or networks (“Carriers”) that we nominate.
2.2 We do not warrant that we will be able to supply Services and we are not liable for any failure to provide all or part of any of the Services, but, to the extent and to the standard that Carriers provide Services to us, those Services will be provided by us to you. When your connection is disrupted, we will do our best to reinstate our Services to you as soon as we can.
2.3 When using the Services, you agree to –
(a) comply with all statutes, regulations, by-laws or licence conditions of any government body;
(b) not breach any person’s rights or otherwise cause us or a Carrier loss, liability or expense.
3. AMENDMENTS TO TERMS AND CONDITIONS
3.1 We may vary, alter, replace or revoke any of these terms and conditions effective upon the expiry of 14 days written notice from us. We may interpret your ongoing use of the Services after that date as constituting your acceptance of any such variation, alteration, replacement or revocation of these terms and conditions.
4. USE OF INFORMATION
4.1 You authorise and consent to the following:
(a) our exchanging with Carriers all information about you and the Services provided to you in our possession or control including, but not limited to, your name, billing address, street address, relevant telephone numbers, any information obtained by us for the purpose of your application and this agreement;
(b) the Carrier exchanging with us any information in the Carrier’s possession or under its control in relation to the Services including, without limitation, all your records and, in particular, exchange line details, account information, call charge records and call event records;
(c) ours and the Carrier’s use of the information referred to in paragraphs (b) and (c) of this clause.
4.2 Our providing any information about you to any law enforcement agency as required or authorised by statute or regulation.
4.3 Our refusing to provide you with information we hold about you where to do so would in the case of personal information would pose a serious and imminent threat to the life or health of any individual; providing access would have an unreasonable impact upon the privacy of other individuals; the request for access is frivolous or vexatious; the information relates to existing or anticipated legal proceedings between the organisation and the individual, and the information would not be accessible by the process of discovery in those proceedings; providing access would reveal the intentions of the organisation in relation to negotiations with the individual in such a way as to prejudice those negotiations; providing access would be unlawful; denying access is required or authorised by or under law; providing access would be likely to prejudice an investigation of possible unlawful activity; providing access would be likely to prejudice the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; the enforcement of laws relating to the confiscation of the proceeds of crime; the protection of the public revenue; the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders; by or on behalf of an enforcement body; or an enforcement body performing a lawful security function asks the organisation not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia.
5. TRANSFER OF SERVICES
5.1 When you transfer any services (“Transferred Services”) from a Carrier, a telecommunications service provider or equipment supplier who supplies telecommunications services or equipment to you at the time of signing this agreement (“Current Supplier”) to us, you authorise us to sign on your behalf and in your name any forms required by the Current Supplier to transfer the Transferred Services as we direct.
6. LIMIT ON LIABILITY
6.1 We do not exclude or limit –
(a) the application of any provision of any statute (including the Trade Practices Act 1974, the Privacy Act 1988 or the Telecommunications Act 1997) where to do so would contravene that statute or cause any part of this clause 6 to be void;
(b) direct losses and damages which arise only as a result of our gross negligence (which means where we commit an act or allow an omission to occur in reckless disregard the consequences of the act or omission).
6.2 Except where clause 6.1 applies, we exclude all statutory liability, tortious liability (including but not limited to liability in negligence), conditions and warranties implied by custom, the general law or statute, liability for all direct, economic, consequential or indirect losses, expenses, damages and costs incurred by you, arising out of or relating to the Services, any failure to supply or delay in supplying the Services or out of or relating to this agreement, including, but not limited to, liability for gross negligence and except to the extent of clause 6.1(a), we are not responsible or liable for any indirect consequential or economic damages, including, without limitation, loss of income or profit or loss of actual potential business opportunities.
6.3 Our liability to you for any breach of any implied provision of this agreement (other than an implied warranty of title) is limited, at our option, to refunding the price of the goods or Services in respect of which the breach occurred, or to providing, replacing or repairing those goods or providing those Services again.
6.4 We are not liable to you for any delay in the connection or failure in the operation of the Services which are beyond our control.
7. TERM OF AGREEMENT
7.1 We may immediately terminate this agreement by written notice at any time if, without our prior written consent: you breach any term or condition of this agreement; a receiver or receiver and manager is appointed over any of your property or assets; a liquidator or provisional liquidator is appointed to you; you become bankrupt; you enter into any arrangements with your creditors; you assign or otherwise deal with your rights under this agreement; you cease to carry on business; or there is a material change in your direct or indirect ownership or control.
8.1 Your rights under this agreement are personal. You must not assign or attempt to assign any right or obligation under this agreement without our written consent. We may assign all or any of our rights and obligations under this agreement at any time by notifying you in writing.
9. DISPUTE RESOLUTION
9.1 If you have a complaint or dispute with us, you must notify us of your complaint or dispute and we will deal with it in accordance with our internal complaint handling guidelines. A copy of our internal complaint handling guidelines is available upon request.
10. USE OF SERVICE
10.1 Any 1300 or 1800 number allocated as part of the service is to be used only in advertising products provided by Dawson Media, including Pink Pages Local Directories, Pink Pages online and DirectClicks. Any 1300 or 1800 number allocated as part of the service always remains the property of Dawson Media Pty. Ltd., and cannot be transferred.
11.1 Any notice, demand, consent or other communication required to be given to either party must be delivered personally or sent by prepaid mail or by facsimile to the address of the other as last notified.
11.2 Clauses 4 and 6 shall survive the expiration or termination of this agreement.
11.3 This agreement shall be governed by and construed in accordance with the law of New South Wales and the parties hereby submit to the non-exclusive jurisdiction of the courts of that State.
11.4 This agreement contains yours and our entire understanding to the exclusion of any and all prior or collateral agreement or understanding relating to the Services, whether oral or written.
11.5 If any part of this agreement is found to be invalid or of no force or effect, this agreement shall be construed as though such part had not been inserted and the remainder of this agreement shall retain its full force and effect.