Digital First (ACN: 157 690 330) is the publisher of digitalfirst.com and associated subscriber emails and social networks (“us, our, we”). These terms and conditions set out our standard terms and conditions for advertising products and services we supply to advertisers and media agencies (“you”) (“Advertising Terms and Conditions”).
When you submit an order for advertising on a website or other service offered by us, we will send you an Insertion Order. By signing the Insertion Order, you agree to these Advertising Terms and Conditions.
We will, subject to availability, technical limitations and these Advertising Terms and Conditions, use our reasonable endeavours to publish your advertisement in the format submitted by you and in accordance with your other instructions including the Insertion Order.
We may, at our absolute discretion, refuse to publish any advertisement without giving any reason. If we do refuse to publish your advertisement, no fee will be charged to you. We reserve the right to refuse or withdraw your advertisement from publication at any time, without giving reasons, even if we have previously published the same or similar advertisement.
We may head any advertisement as “Advertisement” whenever required to do so by law or whenever we consider it appropriate, for any reason, to distinguish it from other types of content.
We must receive creative content from you at least 3 working days prior to the campaign start date (as set out in the relevant Insertion Order). If the content is received by us after the required date and causes your campaign to be delayed, the publication of the advertisement will be considered to have commenced on the starting date specified in the relevant Insertion Order, at our discretion.
If you submit advertising material to us electronically, the material must comply with our specifications. We can reject the advertising material if it is not submitted in accordance with such specifications.
You must promptly check any proofs of advertising we provide to you and notify us of any errors in the proofs or in any advertisement that we publish for you.
The rate for your advertisement will be as agreed with us and specified in the Insertion Order. You must pay us for the advertising services in accordance with the terms of the Insertion Order. If no due date for payment is specified, you must pay us within 30 days of the date of any invoice.
All rates and charges quoted are, unless expressly stated otherwise, exclusive of GST. We will issue you with a valid tax invoice and you must pay us any applicable GST in addition to the rates and charges quoted to you.
If we have quoted a rate to publish a specific quantity of advertising over a specific period and a lesser quantity is delivered within that period, then we will work with you to attempt to make good on the order by extending the delivery timeframe or other means.
You can cancel any advertisement or campaign by providing email notice to us.
If we receive notice more than 30 days before the date the advertising campaign was due to start (as specified in the relevant Insertion Order) any amounts paid will be refunded and no further invoices generated. Any cancellations after this date you will be subject to full cost of the entire campaign.
Restrictions on the use of sites published by us (“our Sites”)
You agree that you, and any third party ad server that you use, will not:
use any automated device, software, process or means to access, retrieve, scrape, or index our Sites or any content on our Sites;
use any device, software, process or means to interfere or attempt to interfere with the proper working of our Sites;
undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion, to be unreasonable or disproportionate site usage;
use any content on, or index our Sites for the purposes of constructing or populating a searchable database of properties or competing with us in any manner;
use any content on our Sites to populate your ad creative;
transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
use our Sites or any content from our Sites in any manner which is, in our sole discretion, not reasonable or not for the purpose for which it is made available;
violate the rights of any person, including copyright, trade secret, privacy rights, or any other intellectual property or proprietary right;
pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
reproduce, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our Sites or any content on our Sites, except as expressly authorised by us;
transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature;
provide retargeting URLs or cookies for the purpose of retargeting advertising across multiple publishers; or
without our prior agreement, use a third party ad server to extract or utilise our ad server tag values to target advertising campaigns or advertisements.
Without limiting any other rights we may have against you, or a third party ad server used by you, we reserve the right to take whatever action we think necessary to prevent unauthorised access to or use of our Sites and audiences, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.
If you breach these Advertising Terms and Conditions, fail to pay any amounts due under the Advertising Terms we may (in our discretion and without limitation):
cancel any provision of credit to you;
require cash pre-payment for further advertising;
charge interest on all overdue amounts at the ANZ Overdraft Base Rate;
take proceedings against you for any outstanding amounts;
recover all costs including all legal costs on a full indemnity basis;
cease publication of further advertising or terminate any agreement relating to advertising not yet published
Warranties and Indemnities
By submitting advertising material to us or authorising or approving the publication of advertising material by us on your behalf, you warrant that the advertising material complies with all relevant laws and regulations and that its publication will not give rise to any claims or liabilities against us, our partners, our directors, employees or agents.
Without limiting the above, you warrant that the advertising material submitted, authorised or approved by you does not breach or infringe the Australian Competition and Consumer Act 2010 or equivalent or other sale of goods legislation; any copyright, trade mark, obligation of confidentiality or other personal or proprietary rights; any law of defamation, obscenity or contempt of any court, tribunal or royal commission; State or Commonwealth anti-discrimination legislation; the Privacy Act (Cth); or any other law (including but not limited to any common law, statute, delegated legislation, rule and ordinance of the Commonwealth or any State or Territory).
By submitting, authorising or approving advertising material for publication by us, you indemnify us and our partners, our directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly, from the publication of the advertising material.
Without limiting the generality of the above, you indemnify us and our partners, our directors, employees and agents against any costs, expenses, losses, damages, liability and claims suffered or incurred and arising from your breach of these Advertising Terms and Conditions and any negligent or unlawful act or omission by you in connection with the advertising.
We have no liability to you and you indemnify us in relation to any failure of telecommunications services or systems which affect our receipt of your advertisement or the publication of your advertisement.
We exclude all implied conditions and warranties from these Advertising Terms and Conditions, except any condition or warranty (such as those implied by the Trade Practices Act) which cannot be excluded (“non-excluded conditions”). We limit our liability for: breach of any non-excluded condition (to the extent that liability for such breach can be limited); and any other error or omission in publishing caused by us; to (at our option) re-supply of the advertising services affected by our breach or payment of the cost of re-supply.
Subject to the above, we exclude all other liability to you for any costs, expenses, losses and damages suffered or incurred by you in connection with these Advertising Terms and Conditions and any advertisement published by us, whether that liability arises in contract, tort (including by our negligence) or under statute. Without limitation, we will not, in any circumstance, be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.
We may change these Advertising Terms and Conditions at any time. Those changes will apply to the provision of advertising services after the date the change becomes effective. The changes will be published on this page. This is considered notice to you and you should review the current Advertising Terms and Conditions from time to time. The Advertising Terms and Conditions that are current as at the date of your order will bind you and us.
These Advertising Terms and Conditions, together with your Insertion Order, represent the entire agreement between you and us in relation to the advertising services and cannot be varied except by agreement in writing signed by one of our authorised officers. No purchase order or document issued by you will vary these Terms and Conditions.
The laws of the State of NSW, Australia, govern these Advertising Terms and Conditions. Each party submits to the non-exclusive jurisdiction of the courts of that State.
Notices under these Advertising Terms and Conditions are to be directed to:
℅ D.P. Loewy and Co.
2a Mona Rd