These terms apply to all advertising provided to any person (Customer<\/strong>) by Ripefruit Media Limited ABN 79 118 342 788 or a subsidiary.<\/p>\n Customer<\/strong> includes an advertiser on whose behalf Advertising is placed and any media company or agency that arranges the Advertising for its clients.<\/p>\n 1. Publication of Advertising<\/strong> Terms & Conditions Advertising Terms These terms apply to all advertising provided to any person (Customer) by Ripefruit Media Limited ABN 79 118 342 788 or a subsidiary. Customer includes an advertiser on whose behalf Advertising is placed and any media company or agency that arranges the Advertising for its clients. 1. Publication of Advertising […]<\/p>\n","protected":false},"author":23,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_genesis_hide_title":false,"_genesis_hide_breadcrumbs":false,"_genesis_hide_singular_image":false,"_genesis_hide_footer_widgets":false,"_genesis_custom_body_class":"","_genesis_custom_post_class":"","_genesis_layout":"","footnotes":""},"class_list":["post-4077","page","type-page","status-publish","entry"],"yoast_head":"\n
\n1.1 Subject to these Terms, Ripefruit will use its reasonable
\nendeavours to publish advertising (Advertising<\/strong>)
\nin the format and in the position agreed with the Customer.
\nAdvertising includes images submitted for publication and content
\nor information relating to published Advertisements.
\n1.2 Customer grants Ripefruit a worldwide, royalty-free,
\nnon-exclusive, irrevocable licence to publish the Advertising online or by email. Customer warrants that it is authorised to
\ngrant Ripefruit the licence in this clause 1.
\n2. Right to Refuse Advertising<\/strong>
\n2.1 Neither these Terms nor any written or verbal quotation by
\nRipefruit represents an agreement to publish Advertising. An agreement
\nwill only be formed between Ripefruit and Customer when Ripefruit
\naccepts the Advertising in writing or generates a tax invoice for
\nthat Advertising.
\n2.2 Ripefruit reserves the right to refuse or withdraw from
\npublication any Advertising at any time without giving reasons (even
\nif the Advertising has previously been published by Ripefruit).
\n3. Right to vary Format, Placement or Distribution<\/strong>
\n3.1 Ripefruit will use reasonable efforts to publish Advertising in
\nthe format and in the position requested by the Customer. However,
\nRipefruit reserves the right to vary the placement of Advertising
\nor to change the format of Advertising.
\n3.2 Except in accordance with clause 12, Ripefruit will not be
\nliable for any loss or damage incurred by a Customer arising from
\nRipefruit’s failure to publish Advertising in accordance with a
\nCustomer’s request.
\n3.3 If Ripefruit changes the configuration for a publication, Ripefruit reserves the right to shrink or enlarge the Advertising by
\nup to 10% without notice to Customer or any change to rates.
\n4. Submission of Advertising<\/strong>
\n4.1 Customer warrants to Ripefruit that the publication of the
\nAdvertising does not breach or infringe:
\n(a) the Competition and Consumer Act<\/em> (Cth) or equivalent
\nState legislation;
\n(b) any copyright, trade mark, obligation of confidentiality or
\nother personal or proprietary right;
\n(c) any law of defamation, obscenity or contempt of any court,
\ntribunal or royal commission;
\n(d) State or Commonwealth privacy legislation or
\nanti-discrimination legislation;
\n(e) any financial services law as defined in the Corporations
\nAct 2001<\/em> (Cth); or
\n(f) any other law or applicable code (including any common law,
\nstatute, delegated legislation, rule or ordinance of the
\nCommonwealth, or a State or Territory).
\n4.2 Customer warrants that if Advertising contains the name or
\nphotographic or pictorial representation of
\nany living person and\/or any copy by which any living person can
\nbe identified, the Customer has obtained the authority of that
\nperson to make use of his\/her name or representation or the copy.
\n4.3 Advertising containing contact details for the Customer must
\ncontain the full name and street address of the Customer.
\n4.4 Advertising submitted electronically must comply with
\nRipefruit’s specifications. Ripefruit may reject the Advertising
\nmaterial if it is not submitted in accordance with such
\nspecifications.
\n4.5 If Customer is a corporation and the Advertising contains the
\nprice for consumer goods or services, Customer warrants that the
\nAdvertising complies with the component pricing provisions of the
\nCompetition and Consumer Act<\/em> (Cth) and contains, as a
\nsingle price, the minimum total price to the extent quantifiable at
\ntime of the Advertising.
\n4.6 Customer must not resell Advertising space to any third party
\nwithout Ripefruit’s consent.
\n4.7 If Advertising promotes a competition or trade promotion,
\nCustomer warrants it has obtained all relevant permits and
\nindemnifies Ripefruit against any loss in connection with the
\nAdvertising.
\n5. Online Advertising<\/strong>
\n5.1 For Featured Event Advertising, Customer must
\nsubmit creative materials and a clickthrough URL to Ripefruit at least
\n2 working days or within such
\nother deadline advised by Ripefruit at its discretion before
\npublication. Ripefruit may charge Customer for advertising
\ncancelled on less than 7 days notice.
\n5.2 All Advertising must comply
\nwith Ripefruit’s advertising specifications.
\n5.3 Ripefruit is not liable for loss or damage from an internet or
\ntelecommunications failure.
\n5.4 Customer acknowledges that Ripefruit
\nincludes additional features such as third party
\nadvertisements within Featured Advertising.
\n6. Errors<\/strong>
\n6.1 Customer must promptly check Advertising Listings and notify Ripefruit of any
\nerrors.
\n6.2 Ripefruit does not accept responsibility for any errors
\nsubmitted by the Customer or its agent.
\n6.3 Customer must send any claim for credit or republication in
\nwriting to Ripefruit no later than 7 days after the date of
\npublication of the Advertising.
\n7. Advertising Rates and GST<\/strong>
\n7.1 The Customer must pay for Advertising at the advertised ratecard rate. Ratecard rates may be varied at
\nany time by Ripefruit without notice. Ripefruit will provide a tax invoice (if requested).
\n8. Payment<\/strong>
\n8.1 The Customer must pre-pay for Advertising.
\n8.2 If Customer fails to provide the copy by
\nthe requested publication date, Customer will be charged unless a cancellation
\nis approved by Ripefruit. If Ripefruit accepts Advertising after the
\ndeadline, it will be deemed out of specification. Customer has no
\nclaim against Ripefruit for credit, republication or other remedy for
\nout of specification Advertising.
\n8.3 Customer must pay the full price for Advertising even if Ripefruit varied the placement of the Advertising or if
\nthere is an error in the Advertising, unless the error was Ripefruit’s
\nfault. Customer must pay its electronic transmission costs.
\n9. Liability<\/strong>
\n9.1 The Customer acknowledges that it has not relied on any
\nadvice given or representation made by or on behalf of Ripefruit in
\nconnection with the Advertising.
\n9.2 Ripefruit excludes all implied conditions and warranties from
\nthese terms, except any condition or warranty (such as conditions
\nand warranties implied by the Competition and Consumer Act<\/em>
\nand equivalent State acts) which cannot by law be excluded (Non-excludable Condition<\/strong>).
\n9.3 Ripefruit limits its liability for breach of any
\nNon-Excludable Condition (to the extent such liability can be
\nlimited) and for any other error in published Advertising caused by
\nRipefruit to the re-supply of the Advertising or payment of the cost
\nof re-supply (at Ripefruit’s option).
\n9.4 Subject to clauses 9.2 and 9.3, Ripefruit excludes all other
\nliability to the Customer for any costs, expenses, losses and
\ndamages incurred in relation to Advertising published by Ripefruit,
\nwhether that liability arises in contract, tort (including by
\nRipefruit’s negligence) or under statute. Without limitation, Ripefruit
\nwill in no circumstances be liable for any indirect or consequential
\nlosses, loss of profits, loss of revenue or loss of business
\nopportunity.
\n9.5 The Customer indemnifies Ripefruit and its officers,
\nemployees, contractors and agents (the Indemnified<\/strong>)
\nagainst any costs, expenses, losses, damages and liability suffered
\nor incurred by the Indemnified arising from the Customer’s breach of
\nthese Terms and any negligent or unlawful act or omission of the
\nCustomer in connection with the Advertising.
\n10. Privacy<\/strong>
\n10.1 Ripefruit collects a Customer’s IP information to
\nprovide the Advertising to the Customer and for invoicing purposes.
\n10.2 Customers may gain access to their IP information by
\nwriting to the Privacy Officer, PO Box 3084 Ivanhoe North VIC 3079
\nRipefruit’s privacy policy is at www.ripefruit.com.
\n11. Confidentiality<\/strong>
\n11.1 Each party will treat as confidential, and will procure that
\nits advertising agents, other agents, and contractors (Agents<\/strong>)
\ntreat as confidential and will not disclose, unless disclosure is
\nrequired by law:
\n(a) the terms of this Agreement (including terms relating to
\nvolumes and pricing);
\n(b) information generated for the performance of this Agreement,
\nincluding all data relating to advertising schedules, booked advertising, prices or volumes;
\n(c) any other information that ought in good faith to be treated
\nas confidential given the circumstances of disclosure or the nature
\nof the information;
\n(d) any information derived wholly or partly for any information
\nreferred to in (a) to
\n(c) above;
\nEach party agrees to take all reasonable precautions to prevent
\nany unauthorised use, disclosure, publication or dissemination of
\nthe confidential information by or on behalf of itself or any third
\nparty.
\n12. General<\/strong>
\n12.1 These Terms, with any other written agreement, represent the
\nentire agreement of the Customer and Ripefruit for Advertising. They
\ncan only be varied in writing by an authorised officer of Ripefruit.
\nNo purchase order or other document issued by the Customer will vary
\nthese Terms.
\n12.2 Ripefruit will not be liable for any delay or failure to
\npublish Advertising caused by a factor outside Ripefruit’s reasonable
\ncontrol (including but not limited to any act of God, war, breakdown
\nof plant, industrial dispute, electricity failure, governmental or
\nlegal restraint).
\n12.3 Ripefruit may serve notice on Customer by post or fax to the
\nlast known address of the Customer.
\n12.4 These Terms are governed by the laws of the State in which
\nthe billing company for the Advertising is located and each party
\nsubmits to the non-exclusive jurisdiction of that State.<\/p>\n","protected":false},"excerpt":{"rendered":"