E Guns Fish And Camping Pty Ltd ACN 636 134 042 (E Guns) acknowledges and accepts its obligations as a publisher and disseminator of information to the shooting, fishing and camping community and to the public. In relation to E Guns Standard Terms and Conditions for Advertising between E Guns and advertisers placing orders for advertising on the E Guns website, E Guns in particular draws your attention to Clause 8 – Responsibility for Advertisers and Content. E Guns also draws your attention to the schedule of advertising rates provided under separate letterhead.
Where any advertising material includes data or makes representations (including claims concerning the technical attributes or performance of the subject matter of the advertisement) the advertiser must comply in every particular with the matters set out in Clause 8.
Criminal and civil penalties may apply to persons engaged in misleading and/or deceptive conduct under Australian Consumer Law and to those persons knowingly concerned in a contravention of Australian competition law.
E Guns as a publisher of the E Guns website, has a duty of care to ensure that all material it places on the website complies with all statutory laws and common law.
E Guns advises that where any advertising material does not comply with the requirements of Clause 8, E Guns will not accept the advertising material for publication. Where advertising material contains claims concerning product’s performance or attributes, and those claims may be disputed, the material should be accompanied by independent third-party verification from a technical agency acceptable to E Guns, or equivalent, providing supporting evidence for the claims.
E Guns is available to discuss the requirements of Clause 8 in addition to the other terms and conditions contained in this agreement.
- ORDERS FOR ADVERTISEMENTS OR CONTENT/WEBSITE INTEGRATION
All bookings, orders or other requests by the Advertiser for advertising are governed by these Standard Terms and Conditions for Advertisers.No other conditions, provisions or terms appearing in any documents, emails or communications made in connection with any order, including without limitation those contained on or accompanying any forms of payment, will be binding on the Publisher whether in conflict with or in addition to these Standard Terms and Conditions for Advertisers.Orders which quote rates other than the Publisher’s then current published rates will not be binding on the Publisher (unless approved by the Publisher in writing), and will be deemed to be requests for advertising on the terms of this Advertising Agreement at Publisher’s then current rates.All orders are binding on the Advertiser and cannot be cancelled except as provided below under paragraph 4.The Advertiser may not resell, sell, assign or transfer any order for advertisements, whether or not accepted by the Publisher.The Publisher will not be required to fulfil any of its obligations under this Advertising Agreement until full payment is made by the Advertiser, and accepted by the Publisher, and all content is approved by the Publisher.
- RATE CARD
The Publisher’s Rate Card is subject to change at the Publisher’s sole discretion without notice.
Any offer by the Publisher to publish advertisements for the Advertiser is made on these Standard Terms and Conditions for Advertisers only, and the placement of or other communication of an order for advertising or will constitute the Advertiser’s unconditional acceptance of these Standard Terms and Conditions for Advertisers.The Publisher reserves the right to reject or cancel any advertising at any time in its sole discretion (including at any time after the commencement date).Any failure by the Publisher to publish any requested advertisement will be deemed to constitute a rejection of the order for such advertisement, but does not constitute a breach of contract or otherwise entitle the Advertiser to claim any legal remedy.
In the event the Publisher makes a rate change in respect of a period of time for which the Advertiser has placed an order for advertising with the Publisher and upon subsequent notice to the Publisher by the Advertiser that the Advertiser wishes to cancel its order (or relevant portion) due to such rate change, the Publisher will have the option of either:
- allowing the Advertiser to cancel that portion of its order affected by the rate change in which case the order will be cancelled within thirty (30) days of receipt by the Publisher of the relevant notice from the Advertiser, or
- acknowledging that the amended rate will apply for the remainder of the then current term of the Advertising Agreement after which time, if the agreement is extended or renewed, all rates will be adjusted in accordance with the Publisher’s then current advertising rates (as stated in the Rate Card), and amended thereafter, as notified by the Publisher from time to time.
- IDENTIFICATION OF ADVERTISER
The sponsor of every advertisement must be identified by product and advertiser, being an individual/business/company.
- MODIFICATION BY THE PUBLISHER
All advertising matter will be subject to the approval of the Publisher.All advertising material is subject to the Publisher’s approval in every respect.If the advertising material contains imperfect elements such as out of focus photographs, the Publisher may remedy these imperfect elements. The cost to the Publisher of remedying these imperfect elements shall be a debt due and payable by the Advertiser to the Publisher on demand.
- CONTENT, MATERIAL AND INSERTIONS
The Advertiser must submit to the Publisher all finalised advertising material in advance of publication, including photographs and copy.
- RESPONSIBILITY FOR ADVERTISEMENTS AND CONTENT
The Advertiser represents and warrants to the Publisher that it is fully authorised to publish the entire contents and subject matter of all advertisements submitted to the Publisher (including, without limitation, all text, graphics, icons, photographs, materials provided to the Publisher), and that all such contents and subject matter will comply with all applicable laws, regulations and relevant industry codes.The Advertiser agrees unconditionally to indemnify the Publisher and hold the Publisher harmless (including all of its officers, agents, employees and affiliates) from and against any and all loss, damage, liability and expense (including all reasonable legal fees) suffered or incurred by reason of any claims, proceedings or suits based on or arising out the publication of, or any act or omission in relation to, the advertisements or content, including but not limited to claimsrelated to defamation, contempt of court, rights of publicity and/or privacy, copyright infringement, trade mark infringement, misleading or deceptive conduct and any failure to comply with or fulfil any representations, warranties or agreements made in the relevant advertisement in the relevant advertisement or any object in such advertisement.
- POSITIONING AND STYLE
All order provisions regarding the placement and positioning of advertisements will be treated as requests which will be fulfilled at the Publisher’s sole discretion.Advertisements that simulate the Publisher’s editorial matter in appearance or style, or that are not readily identifiable as advertisements, are not acceptable.The Publisher may in its sole discretion label any advertisement as an ‘advertisement’ for clarification and may stipulate other conditions to ensure that it is clear that the advertisement is not the Publisher’s editorial matter.
- NO REPRESENTATIONS OR WARRANTIES; NO DAMAGES
The provisions of this paragraph are subject to the terms of the following paragraph regarding Australian consumer warranties.Any of the Publisher’s services which are the subject of these Standard Terms and Conditions for Advertisers are provided without warranties of any nature, and the Publisher disclaims all warranties, express or implied, including without limitation any implied warranties of merchantability and fitness for a particular purpose.In no event will the Publisher be liable for any form of loss, damage, liability or expense whatsoever including but not limited to consequential, indirect, incidental, or special damages, damages for loss of profits, business interruption, loss of or unauthorised access to information, and the like, even if the Publisher has been advised of the possibility of such damages.The Publisher will not be liable to the Advertiser for any form of loss or damage whatsoever arising from any discrepancy, fault or malfunction of any third party.
In no event will the Publisher be liable to the Advertiser for an amount in excess of the total dollar amount actually received by the Publisher from the Advertiser for the relevant advertisement(s) or integrated content.
The Advertiser acknowledges that the Publisher has not made any warranties in respect of any advertisement or any indicia of website popularity.
The Advertiser will pay all taxes, duties and other government charges payable or assessed in connection with this Agreement whether applying as at the date of this Agreement or in the future including without limitation goods and services tax, other value added tax, sales or use taxes, stamp duty and turnover tax, but excluding taxes, duties and government charges assessed on the income of the Publisher or its related parties.
- AUSTRALIAN CONSUMER WARRANTIES
If this Agreement constitutes a supply of goods or services to a consumer as defined in the Competition and Consumer Act 2010 or relevant legislation in force in the State of Victoria (‘the Acts’) nothing contained in this Agreement excludes, restricts or modifies any condition, warranty, right or remedy pursuant to which the Acts are applicable or is conferred on the Advertiser where to do so is unlawful, in which event the Publishers’ liability (or the liability of any of its affiliates) for any breach of this Agreement, including any liability for consequential loss which the Advertiser may suffer or incur will be limited as the Publisher may elect in its sole discretion, in the case of services supplied or offered by the Publisher, to either (a) the supplying of the services again; or (b) the payment of the cost of having the services supplied again or, in the case of goods supplied or offered by the Publisher, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair ofsuch goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.
- GENERAL PROVISIONS
These Standard Terms and Conditions for Advertisers embody the entire agreement between the parties and supersede all prior and contemporaneous agreements, arrangements and understandings between the parties with respect to its subject matter.If any provision of these Standard Terms and Conditions for Advertisers is found invalid or unenforceable pursuant to judicial decree or decision, the remaining provisions will remain valid and enforceable, and the unenforceable provisions will be taken to be modified to the extent necessary to make them enforceable.The Publisher may send electronic mail to the Advertiser for any notices or notifications. All notices to the Publisher relating to any legal claims or matters must be made in writing to the Publisher.