LOCAL MEDIA PTY LTD
TERMS AND CONDITIONS
These terms ('Terms') apply to all advertising services provided to any person
('Customer') by Local Media Pty Ltd, ABN 67 096 680 063, or any of its
subsidiaries (all of which are referred to as 'Local'). All Advertising is
accepted subject to the conditions set out in these Publishers' Conditions, the
current Rate Card, the booking docket, and the invoices/statements raised from
time to time.
1. Publication of Advertising
1.1 Subject to these Terms, Local will use its reasonable endeavours to publish
advertising submitted by Customers ('Advertising') in the format submitted by
the Customer and in accordance with the placement instructions and requests of
the Customer. 'Advertising' includes images submitted for publication.
1.2 Local may, in its discretion and without further cost to the Customer,
re-publish Advertising in other Local publications and media. For example, Local
may publish print Advertising on-line, or vice-versa. Customer warrants Local is
entitled to publish the Advertising anywhere in the world in any medium. The
Customer releases and indemnifies the publisher of the relevant website in
relation to any claims relating to or arising from the inclusion of Advertising
on such website.
2. Right to Refuse or Withdraw Advertising
2.1 Neither these Terms nor any written or verbal quotation by Local represent
an offer to publish Advertising. A binding contract in relation to a request for
Advertising will only be formed between Local and a Customer when Local accepts
the Advertising in writing or generates a GST-compliant invoice for that
2.2 Even if a contract has been formed in accordance with the above clause,
Local reserves the right to refuse or withdraw from publication any Advertising
at any time without giving reasons (even if the Advertising has previously been
published by Local).
3. Right to Vary Format and Placement
3.1 Local reserves the right;
(a) to vary the placement of Advertising within a particular print title or
Internet site; and
(b) to change the format of print Advertising (including but not limited to
changing a format from colour to black and white).
3.2 Local will not be liable for any costs, expenses, losses or damages suffered
or incurred by a Customer arising from Local's failure to publishing Advertising
in accordance with a Customer's Request.
4. Submission of Advertising
4.1 Customer WARRANTS to Local that the Advertising does not breach or infringe:
(a) the Trade Practices Act (Cth), Fair Trading Acts (State) or equivalent
(b) any copyright, trade mark, obligation of confidentiality or other personal
or proprietary right;
(c) any law of defamation, obscenity or contempt of any court, tribunal or royal
(d) State or Commonwealth anti-discrimination legislation;
(e) the Privacy Act (Cth); or
(f) any other law (including but not limited to any common law, statute,
delegated legislation, rule and ordinance of the Commonwealth or any State or
4.2 Customer WARRANTS to Local that the contents of each and every such
Advertisement are true and correct in all aspects, are not misleading or
deceptive or otherwise in breach of the Trade Practices Act 1974, comply with
all laws and regulations and contain no prohibited or illegal statements and
INDEMNIFY Local, its employees and agents against all demands, claims, costs,
interest or proceedings whatsoever arising from the publication, and without
limiting the generality of the foregoing, such indemnity extends to any demand,
claim or proceeding against local in relation to defamation, injurious
falsehood, slander of title, breach of copyright, infringement of trademark or
names of publication titles, unfair competition or trade practices, royalties or
violation of right or privacy.
4.3 Customer warrants that in respect of Advertising that contains the name or
photographic or pictorial representation of any living person and/or any copy by
which any living person can be identified, the Customer has obtained the
authority of that person to make use of his/her name or representation or the
4.4 Customer warrants that any Advertising of a financial service complies with
the relevant legislation and its publication by Local does not give rise to any
breach by Local under that legislation.
4.5 The Customer must not submit Advertising for publication that contains
contact details for the Customer if those contact details do not include the
full name and street address of the Customer. Post office box and e-mail
addresses alone are insufficient.
4.6 If, in Local's opinion, a Customer submits Advertising that looks like
editorial material, Local may publish the Advertising under the heading
'Advertisement' or 'Marketing Feature' or similar heading and with a border
distinguishing it from nearby editorial.
4.7 The Customer must collect Advertising material, including but not limited to
illustrations, artwork and computer media, submitted to Local immediately after
publication. Local will endeavour to take reasonable care of Advertising
material in its custody and control, but will not be responsible for any loss or
damage to Advertising material (even if caused by Local's negligence). No
responsibility will be accepted for material not collected by the Customer or
agency within seven days from the publication. The Customer and its agent
acknowledge that Local accepts no liability for failing to return any submitted
4.8 If the Customer submits Advertising material electronically, the material
must comply with Local's specifications. Local may reject the Advertising
material if its is not submitted in accordance with such specifications.
4.9 The Customer acknowledges Local imposes a deadline for booking advertising
space ('the Booking Deadline') and a deadline by which advertisers must submit
material ('the Material Deadline'). The Customer agrees to pay Local the full
cost for any order for publication or space booked when advertising material
and/pr artwork is received by Local after the Material Deadline. The Customer
acknowledges that it is its responsibility to ascertain for the specific Local
publication the Booking Deadline and Material Deadline, either of which may be
changed from time to time without notice.
5. Classified and Display Advertising
5.1 Local will publish Classified Advertising under the classification heading
that it reasonably believes is most appropriate. Classified Advertising headings
are for the convenience of readers and are determined at the discretion of
5.2 Local will published classified display Advertising sorted by alphabetical
caption and, where space permits, with related line Advertising.
5.3 The positioning and colour of Advertising will be at the discretion of
Local. without limiting this discretion, where special arrangements and payment
of appropriate loading charges are agreed to, Local will make every endeavour to
position Advertising as agreed. Special placements are subject to space
availability at the time of printing. Any liability of Local for publishing
Advertising not in accordance with the Customer's position or colour request
will be limited to crediting the Customer for the loading charges or colouring
loading paid for such Advertising.
6. Online Advertising
6.1 For online banner and display Advertising, the Customer must:
(a) confirm the Advertising at least 30 days before the Advertising is scheduled
to paper, by submitting a signed 'Advertising Confirmation' form to Local;
(b) cancel online Advertising in writing at least 30 days before the Advertising
is scheduled to appear. Local reserves the right to charge the Customer for
online Advertising cancelled on less than 30 days notice; and
(c) submit creative materials and a click-through-URL to Local at least three
working days (five working days for non-GIF material) before the Advertising is
scheduled to appear.
6.2 All online Advertising (including rich media) must comply with Local's
advertising specifications, which are available on request.
6.3 Local is not liable for any loss, damages or liabilities arising from a
failure of the World Wide Web or any telecommunications structure.
6.4 Customer acknowledges that Local may at its discretion include additional
features or inclusions such as third party advertisements within online
7.1 The Customer must promptly:
(a) check proofs of Advertising provided to the Customer by Local, although
there is no agreement to provide proofs to Customers on discounted price
structure advertisements; and
(b) notify local of any errors in the proofs of any Advertising, prior to the
7.2 Local does not accept responsibility for an errors in print Advertising
placed over the telephone;
7.3 Local does not accept responsibility for any errors in Advertising material
7.4 If a Customer wishes to make a claim on Local in respect of Advertising, the
Customer must send the claim in writing to Local no later than 7 days after the
date of the publication of the Advertising. If Local fails to publish
Advertising, publishes Advertising not in accordance with the Customer's
instruction, publishes Advertising which contains errors or omissions, fails to
publish Advertising in an agreed position, or publishes or distributes
Advertising late, the Customer agrees, even if the Errors result from the
negligence of Local's employees and agents, Local's liability shall be limited
to the publication of the advertisement (with any necessary correction) in a
convenient Local newspaper and shall not extend to any consequential losses or
damages suffered by the Customer arising from the Errors.
7.5 Local will only investigate complaints during normal office hours (9am to
5pm, Monday to Friday excluding public holidays).
8. Advertising Rates and Taxes
8.1 The Customer must pay for Advertising in accordance with the rates in
Local's Rate Card (and, unless otherwise agreed, at the Casual or Base Rate).
The rates in the Rate Card may be:
(a) may be varied at any time by Local without notice; and
(b) are exclusive of taxes, duties or GST ('Taxes'), unless the Rate Card
specifies that GST or other Taxes are included.
8.2 Local may negotiate rates for Advertising, or the provision of other goods
and services; otherwise, casual rates will be charged.
8.3 The Customer may pay an additional amount equal to any Taxes payable by
Local in respect of Advertising. Local will provide Customers with a Tax Invoice
or Adjustment Note (as applicable) in a compliant form for GST purposes.
9.1 Local may grant, deny or withdraw credit to a Customer at any time in its
9.2 The Customer must ensure that its Customer account number, and any
authorisation devices, are available only to those of its employees/agents
authorised to use it. The Customer acknowledges that it will be liable for all
Advertising requested with the quotation of the Customer's authorisation.
10.1 The Customer must pay for Advertising by pre-payment. The Customer may
pre-pay by providing current Credit Card account, security numbers and expiry
details. The Customer agrees that Local will keep these details on file, and may
charge subsequent Advertising to these Credit Card accounts. The Customer may
alternatively pay by cheque, which the Customer warrants will be cleared
immediately. The Customer warrants to also immediately pay all Local's
additional bank, taxes, courier and administration charges for any dishonoured
and declined charges.
10.2 The Customer must pay:
(a) for Advertising in accordance with the size of the Advertising material
lodged by the Customer, or the Advertising space ordered by the Customer,
whichever is the greater;
(b) the full price for Advertising notwithstanding:
(i) the fact that Local has exercised its right to vary the format or placement
of the Advertising; and
(ii) any error or omission in the Advertising.
11. Failure to Pay and other Breach
11.1 If a Customer fails to pay for Advertising in accordance with Clause 10 or
if a Customer suffers an Insolvency Event as defined in Clause 11.2, Local may
(in its discretion and without limitation):
(a) cancel any provision of credit to the Customer;
(b) require cash pre-payment for further Advertising;
(c) charge interest on all overdue amounts at the rate of 2% above the Westpac
Banking Corporation Overdraft Base Rate;
(d) take proceedings against the Customer for any outstanding amounts;
(e) recover from the Customer all costs relating to any action taken by Local to
recover amounts owed for Advertising, including without limitation any
mercantile agency costs and legal costs on a full indemnity basis;
(f) cease publication of any further Advertising on behalf of the Customer and
terminate any agreement in relation to Advertising not yet published; and
(g) exercise any other rights at law.
11.2 A Customer suffers an 'Insolvency Event' if"
(a) the Customer is a natural person and the Customer commits an act of
(b) the Customer is a body corporate and the Customer:
(i) cannot pay its debts as and when they fall due;
(ii) enters into any arrangement with its creditors other than in the ordinary
course of business;
(iii) passes a resolution for administration, wind up or liquidation (other than
for the purposes of re-organisation or reconstruction);
(iv) a receiver, manager, liquidator or administrator is appointed to any of its
property or assets; or
(v) any petition is presented for the winding up of the Customer.
11.3 Local reserves the right to withhold any discounts or rebates if the
Customer fails to comply with its payment obligations.
11.4 A written statement of debt duly signed by an authorised employee of Local
shall be prima facie evidence and proof of the amount owed by the Customer to
12.1 The Customer acknowledges that it has not relied on any advice or
representation made by or on behalf of Local in connection with the Advertising.
12.2 The Customer specifically acknowledges that it has not relied on any
representations or claims in respect to readership, circulation, distribution,
sales or any other statistic.
12.2 Local excludes all implied conditions and warranties from these Terms,
except any condition or warranty (such as conditions and warranties implied by
the Trade Practices Act and equivalent State acts) which cannot by law be
excluded ('Non-excludable Condition').
12.3 Local limits its liability:
(a) for breach for any non-Excludable Condition (to the extent that liability
for such breach can by law be limited); and
(b) for any other error or omission in published Advertising caused by Local, to
(at Local's option), re-supply of the Advertising services affected by the
breach, or payment of the cost of re-supply.
12.4 Subject to Clauses 12.2 and 12.3, Local excludes all other liability to the
Customer for any costs, expenses, losses and damages suffered or incurred by the
Customer in connection with these Terms and Advertising published by Local,
whether that liability arises in contract, tort (including by Local's
negligence) or under statute. Without limitation, Local will in no circumstances
be liable for any indirect or consequential losses, including loss of profits,
loss of revenue or loss of business opportunity.
12.5 The Customer indemnifies Local and its officers, employees, contractors and
agents (the 'Indemnified') against any costs, expenses, losses, damages and
liability suffered or incurred by the Indemnified arising from the Customer's
breach of these Terms and any negligent or unlawful act or omission of the
Customer in connection with the Advertising.
13.1 Local collects a Customer's personal information to provide the Advertising
services to the Customer and for invoicing purposes. Local may disclose this
personal information to its related companies, to credit reporting agencies and
other third parties as part of provision of the Advertising. Where a Customer
has an overdue account, Local may disclose personal information to debt
collection agencies to recover the amount due.
13.2 Customers may gain access to their personal information by writing to the
Local Privacy Officer at PO Box 1014, Research, Vic 3095. More information about
accessible at www.localmedia.com.au
14.1 These Terms represent the entire agreement of the Customer and Local in
relation to Advertising and cannot be varied except in writing by an authorised
officer of Local, notwithstanding anything said prior to or at the time of
acceptance of Advertising. No purchase order or other document issued by the
Customer will vary these Terms.
14.2 Local will not be liable for any delay or failure to publish Advertising
caused by a factor outside Local's reasonable control (including but not limited
to any Act of God, war, breakdown of plant, industrial dispute, electricity
failure, governmental or legal restraint).
14.3 Local may serve any notice or court documents on a Customer by forwarding
them by pre-paid post or facsimile to the last known address of the Customer.
14.4 These Terms are governed by the laws of the state of Victoria, Australia.
Each party submits to the non-exclusive jurisdiction of the Courts of Victoria,
Local Media Pty Ltd (ABN
67 096 680 063)
Head Office (same address
for the past 23 years):
30 Glen Gully Road, Eltham,
Postal Address: PO
Box 1278, Research, Vic 3095
Phone: 1800 231 311
• Fax: 1800 231 312
+61 3 9439 9927.
+61 3 9431 6247
Media • Melbourne Observer
• The Local Paper
Monthly • National Observer
News • Brisbane Sun