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IAC Safety Services

Advertising Terms & Conditions

View terms and conditions

Every advertiser and or advertising agency (the Advertiser) who places material for publication with IAC Safety Services® Pty Ltd or ASP Assist® Pty Ltd agrees to the conditions set out below.

General

Every advertisement submitted for publication must comply with and is subject to conditions and any rules applicable to the advertising material.

Every advertisement is subject to the Publisher's approval and the Publisher may at its absolute discretion at any time refuse to publish any advertisement without giving any reason. In case of refusal, no charge to the Advertiser shall be incurred but the Publisher shall not be responsible for any loss of any nature arising from refusal or failure to publish.

The Publisher owes no duty to the Advertiser to review, approve or amend any advertisement and no review, approval or amendment by the Publisher will affect the Advertiser's responsibility for the content of the advertisement.

The Publisher accepts no responsibility for any error when instructions or copy have or has been taken over the telephone unless the Publisher receives written confirmation of the instructions or copy before the normal copy deadline as advised by the Publisher. It is the responsibility of the Advertiser to notify the Publisher of any error immediately it appears. Unless notified, the Publisher accepts no responsibility for any recurring error.

The Publisher has no liability to the Advertiser for any direct or indirect loss in relation to any failure of telecommunications services or systems which affect the receipt by the Publisher of an advertisement, a notice or communication of any kind or the publication of an advertisement or campaign.

The Publisher may, under pressure of deadline and without prior consultation or notice to the Advertiser, amend any advertisement in any terms whatsoever, if the Publisher perceives it to be  (i) in breach of any law of Australia or of any state (whether civil or criminal), (ii) in breach of any pre-existing publishing agreement entered into by the Publisher, (iii) defamatory, (iv) in contempt of court or parliament, (v) otherwise likely to attract legal proceedings of any kind, (vi) offensive. Should the Publisher so amend the advertisement, the agreed price shall not be reduced. The Publisher is not responsible for any loss of any nature arising from amendment.

If any advertisement is specifically accepted for publication in a specific advertising category of a publication then, without prior consultation with the Advertiser, the Publisher may: (i) position the advertisement anywhere within the category at its discretion, unless a specific placement has been agreed in writing, (ii) reposition that category within the publication, (iii) alter the date of publication of that category. In case of (iii), if the Advertiser did not agree to the altered date prior to publication, then if within 5 days of publication of the advertisement. The Advertiser notifies the Publisher in writing that the Advertiser has suffered adverse effects of a substantial nature which were directly caused by the altered date of the publication and the Advertiser provides to the Publisher clear evidence of such adverse effects, the Advertiser will incur no charge for that particular advertisement. The Publisher is not responsible for any direct or indirect loss of any nature arising from the operation of this clause.

Cancellations by the Advertiser must be made, in writing, prior to deadlines. Failure to do so will relieve the Publisher of any obligation to comply with the cancellation request and will entitle the Publisher to charge as if the relevant advertisement were published without any cancellation having been received by the Publisher prior to the deadline.

The Publisher is not liable to the Advertiser for any direct or indirect loss of any nature arising from the total failure of the Publisher, whether negligent or otherwise, to publish an advertisement or from the failure of the Publisher to publish an advertisement in the form prescribed. In the first case the Advertiser shall incur no cost; in the second case and subject to the remaining advertising conditions set out here, the agreed rate shall be reduced according to circumstances.

Nothing in these terms and conditions excludes or varies any guarantee or liability of the Publisher under the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory legislation that cannot by law be excluded, restricted or varied. In relation to the Publisher's liability for any breach of guarantee implied by law, and for any other breach of these terms and conditions by the Publisher, to the extent permitted by law, whether based in statute, common law or otherwise, the Publisher limits its liability, at the Publisher's option, to republication of the relevant advertisement, or payment of the cost of republishing the relevant advertisement.

The Publisher may head an advertisement ‘Advertisement' whenever required by law or whenever it considers it appropriate to distinguish it from other types of printed material. The Publisher has the right to amend these conditions at any time. Notification of amendment shall be deemed to have been given to all the Advertisers immediately upon endorsement of the amended conditions, which shall apply to all advertising received after the date of such endorsement (except where there is an express written agreement between the Publisher and the Advertiser that any such amendments will not apply to particular insertions).

The Publisher has the right, and the right to permit its related bodies corporate, to republish any advertisement in any electronic or digital form for any purpose using any media. The Advertiser may only use the advertising space which it acquires to advertise its own brands, goods or services and may not sell or otherwise deal with that advertising space. Where the Advertiser is an advertising agency the space may only be used by the client for which the space was initially acquired or booked.

Rates

Rates are based on the understanding that the monetary level ordered be used within the period of the order. Maximum period of any order is one year. Should an Advertiser fail to use the total monetary level ordered the rate may be amended by the Publisher to that applicable to the amount of space used. Misplacement, rejection or omission of an advertisement does not invalidate a monetary level ordered. Where a monetary level has been ordered for a period of time and not renewed, casual rates will be charged. The Publisher reserves the right to cancel or suspend any monetary level ordered at its absolute discretion. Advertising rates quoted are subject to any increase or decrease notified by the Publisher, which may occur during the period of the order. Where charged by the advertising space, space will be charged to the nearest centimetre measured by the Publisher based on space ordered or size of material lodged, whichever  is greater.

Indirect loss includes: loss of profit, loss of business opportunity, loss of goodwill and payment of liquidated sums or damages under any other agreement.

Indemnity

On and by lodging material including electronic material or data with the Publisher for publication or authorising or approving of the publication of any material by the Publisher, the Advertiser agrees to indemnify the Publisher its directors, employees and agents against all claims, demands, proceedings, costs (including solicitors and own client costs), expenses, damages awards, judgements and any other liability whatsoever arising wholly or partially, directly or indirectly, from or in connection with the publication of the material.

Without limiting the generality of the above the Advertiser agrees to indemnify the Publisher its directors, employees and agents against any claims arising from allegations of: defamation, libel, slander of title; infringement of copyright; infringement of trademarks or names of publications titles; unfair competition; breach of trade practices/competition, privacy or fair trading legislation; and violation of rights of privacy or confidential information or licenses or royalty rights or other intellectual property rights.

Warranty

On and by lodging material including electronic material or data with the Publisher for publication, or authorising, or approving the publication of any material by the Publisher, the Advertiser warrants that the material complies with all relevant laws and regulations and that its publication will not give rise to any claims against or liabilities of the Publisher, its directors, employees or agents.

Without limiting the generality of the above, advertisers and or advertising agencies warrant that nothing in the material lodged for publication breaches the Competition and Consumer Act 2010, Privacy Act 1988, Copyright Act 1968, Fair Trading Act 1985, defamation, consumer protection and sale of goods legislation of the States and Territories or infringes the rights of any person.

Privacy

Publisher collects your personal information to assist it in providing the goods or services you have requested and to improve our products and services. We may be in touch by any means (including email or SMS) at any time to let you know about goods, services, or promotions, which may be of interest to you. We may also share your information with other persons or entities who assist us in providing our services. If you would prefer us not to or if you would like access to your personal information, please contact our privacy officer at felicity@iacsafetyservices.com.au.

Jurisdiction

These terms and conditions are governed by the laws of NSW and each party submits to the exclusive jurisdiction of NSW.