Advertising Terms and Conditions

TheMusic Classies is operated under licence by Dharma Media Pty Ltd (ABN: 54 117 132 402). Dharma Media Pty Ltd is part of the Street Press Australia Pty Ltd group of companies.

1. Publication of Advertising

1.1 Subject to these Terms, TheMusic Classies 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 of the Customer. 1.2 TheMusic Classies may, in its discretion and without further cost to the Customer, re-publish Advertising in TheMusic Classies publications.

2. Right to Refuse or Withdraw Advertising

2.1 Neither these Terms nor any written or verbal quotation by TheMusic Classies represent an offer to publish Advertising. A binding contract in relation to a request for Advertising will only be formed between TheMusic Classies and a Customer when TheMusic Classies accepts Advertising in writing or generates a GST compliant invoice for that Advertising. 2.2 Even if a contract has been formed in accordance with the above clause, TheMusic Classies 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 TheMusic Classies ).

3. Right to Vary Format and Placement

3.1 TheMusic Classies reserves the right; (a) to vary the placement of Advertising. (b) to change the format of print Advertising (including but not limited to changing a format from colour to black and white). 3.2 TheMusic Classies will endeavour to notify the Customer of any such changes. However, except in accordance with clause 11. TheMusic Classies will not be liable for any costs, expenses, losses or damages suffered or incurred by a Customer arising from TheMusic Classies ’s failure to publish Advertising in accordance with a Customer’s request.

4. Submission of Advertising

4.1 By submitting Advertising for publication, the Customer warrants to TheMusic Classies that the Advertising does not breach or infringe: (a) the Trade Practices Act (Cth), Fair Trading Acts (State) and equivalent legislation; (b) State and Commonwealth anti-discrimination legislation; (c) any copyright, trade mark or obligation of confidentiality; (d) any law of defamation or obscenity; (e) any law of contempt of any court, tribunal or royal commission; and (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 Territory). 4.2 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 email addresses alone are insufficient. 4.3 If, in TheMusic Classies ’s opinion, a Customer submits Advertising that looks like editorial material, TheMusic Classies may publish the Advertising under the heading ‘Advertising’ and with a border distinguishing it from nearby editorial. 4.4 The Customer must collect Advertising material submitted to TheMusic Classies immediately after publication. TheMusic Classies 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 TheMusic Classies ’s negligence).

5. Classified Advertising

5.1 TheMusic Classies 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 TheMusic Classies . 5.2 TheMusic Classies will publish classified display Advertising sorted by alphabetical caption and, where space permits, with related line Advertising.

6. Errors

6.1 The Customer must promptly: (a) check proofs of Advertising provided to the Customer by TheMusic Classies ; and (b) notify TheMusic Classies of any errors in the proofs or any published Advertising. 6.2 TheMusic Classies does not accept responsibility for any errors in print Advertising placed over the telephone. 6.3 If a Customer wishes to make a claim on TheMusic Classies for credit, re-publication or any other remedy in respect of Advertising, the Customer must send the claim in writing to TheMusic Classies no later than 25 days after the date of the tax invoice or date of publication of the Advertising (whichever is earlier). 6.4 TheMusic Classies will only investigate complaints during normal office hours (9am to 5pm, Monday to Friday excluding public holidays).

7. Advertising Rates and Taxes

7.1 The Customer must pay for Advertising in accordance with the rates in TheMusic Classies ’s Advertising Ratecard (and, unless otherwise agreed, at the casual or basic rate). The rates in the Ratecard: (a) may be varied at any time by TheMusic Classies without notice; and (b) are exclusive of taxes, duties or GST (‘Taxes’), unless the Ratecard specifies that GST or other Taxes are included. 7.2 The Customer must pay an additional amount equal to any Taxes payable by TheMusic Classies in respect of Advertising. TheMusic Classies will provide Customers with a tax invoice or adjustment note (as applicable) in a compliant form for GST purposes. 7.3 The Customer’s eligibility for discounts and rebates will be based on the Customer’s GSTexclusive Advertising spend, which will be subsequently adjusted for applicable GST.

8. Credit

8.1 TheMusic Classies may grant, deny or withdraw credit to a Customer at any time in its discretion. 8.2 The Customer must ensure that its Customer account number is available only to those of its employees authorised to use it. The Customer acknowledges that it will be liable for all Advertising requested with the quotation of the Customer’s account number.

9. Payment

9.1 The Customer must pay for Advertising: (a) by pre-payment, if so required by TheMusic Classies ; (b) if account, within 7 days after the date of the invoice. 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 greater; (b) the full price for Advertising notwithstanding: (i) the fact that TheMusic Classies has exercised its right to vary the format or placement of the Advertising; and (ii) any error or omission in the Advertising (unless the error or omission was the fault of TheMusic Classies ).

10. Failure to Pay and other Breach

10.1 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, TheMusic Classies 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 2% above the ANZ Bank 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 TheMusic Classies to recover amounts owing 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. 10.2 A Customer suffers an ‘Insolvency Event’ if: (a) the Customer is a natural person and the Customer commits an act of bankruptcy; (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 reorganisation 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. 10.3 TheMusic Classies reserves the right to withhold any discounts or rebates if the Customer fails to comply with its payment obligations. 10.4 A written statement of debt duly signed by an authorised employee of TheMusic Classies shall be prima facie evidence and proof of the amount owed by the Customer to TheMusic Classies .

11. Liability

11.1 The Customer acknowledges that it has not relied on any advice given or representation made by or on behalf of TheMusic Classies in connection with the Advertising. 11.2 TheMusic Classies 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 (‘Nonexcludable Condition’). 11.3 TheMusic Classies limits its liability: (a) for breach of 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 TheMusic Classies , to (at TheMusic Classies ’s option) resupply of the Advertising services affected by the breach, or payment of the cost of re-supply. 11.4 Subject to clauses 11.2 and 11.3, TheMusic Classies 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 any Advertising published by TheMusic Classies , whether that liability arises in contract, tort (including by TheMusic Classies ’s negligence) or under statute. Without limitation, TheMusic Classies will in no circumstances be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity. 11.5 The Customer indemnifies TheMusic Classies 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.

12. Privacy

12.1. The personal information provided by Customer is collected and stored by TheMusic Classies and will be used in connection with the advertising services requested by Customer (including processing of invoices and payments), credit assessment of applications submitted (if any), and internal marketing campaigns. TheMusic Classies may disclose personal information to a debt collection agency, risk insurers or solicitors in the event a Customer’s account is overdue. 12.2 Customers may gain access to their personal information by contacting the TheMusic Classies Locked Bag 2001, Clifton Hill VIC 3068. 12.3 If the Customer does not provide the requested information, it will not be possible to supply the Customer with advertising and/or other services.

13. General

13.1 These Terms represent the entire agreement of the Customer and TheMusic Classies in relation to Advertising and cannot be varied except in writing by an authorised officer of TheMusic Classies . No purchase order or other document issued by the Customer will vary these Terms. 13.2 TheMusic Classies will not be liable for any delay or failure to publish Advertising caused by a factor outside TheMusic Classies ’s reasonable control (including but not limited to any Act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint). 13.3 TheMusic Classies may service 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. 13.4 These Terms are governed by the laws of the state of Victoria.

TheMusic Classies is owned and operated by Street Press Australia Pty Ltd ABN 76 117 128 579

Address: Locked Bag 2001, Clifton Hill VIC 3068
Telephone: (03) 9421 4499

 

GENERAL TERMS AND CONDITIONS

Street Press Australia Pty Ltd trading as TheMusic Classies

These terms and conditions, together with the TheMusic Classies Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on Street Press Australia websites ("Conditions") govern your use of and access to our sites.

We may change all or part of the Conditions at any time. If we do, the new Conditions will be posted on Street Press Australia websites. Your subsequent or continued use of Street Press Australia websites will constitute your acceptance of any changes. If you object to any changes to the Conditions, your only remedy is to immediately discontinue your use of Street Press Australia websites.

These terms and conditions of use were last updated on 1 May 2009.

Street Press Australia Websites

While we use reasonable endeavours to ensure that Street Press Australia websites are available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free. Your access to our sites may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.

Except as expressly provided otherwise in the Conditions, we reserve the right to change or discontinue any website, feature or service (or part thereof) on our sites at any time.

Except as expressly provided otherwise in the Conditions, we reserve the right to change the pricing for any chargeable service or feature on our sites at any time without providing notice to you.

Membership

To access or use certain parts of our sites, you must register as a member. Generally, registration is free.

When registering as a member, you must provide us with accurate, complete and up-to-date registration information, as requested. It is your responsibility to inform us of any changes to your registration information.

You must not register as a member multiple times.

You must not impersonate or create a membership for any person other than yourself.

We may at any time request a form of identification to verify your identity.

You must ensure the security and confidentiality of your membership details, including any username and/or password assigned to you. You are wholly responsible for all activities which occur under your membership details (including unauthorised use of your credit card). You must notify us immediately if you become aware of any unauthorised use of your membership details. You must not permit your membership details to be used by or transferred to any other person.

We reserve the right to, in our sole discretion, suspend or terminate your membership or access to all or any part of our sites, including if we believe you are abusing the services in any way, have breached the Conditions or are no longer an active member.

Your conduct

You must not:

(a) use our sites in breach of any applicable laws or regulations;

(b) use our sites (or Material obtained from our sites):

  1. to transmit (or authorise the transmission of) "junk mail," "chain letters," unsolicited emails, instant messaging, "spimming," or "spamming";
  2. to impersonate any person or entity;
  3. to solicit money, passwords or personal information from any person;
  4. to harm, abuse, harass, stalk, threaten or otherwise offend others; or
  5. for any unlawful purpose;

(c) use our sites to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Material that:

  1. is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
  2. contains, promotes, or provides information about unlawful activities or conduct;
  3. is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
  4. exploits another person in any manner;
  5. contains nudity, excessive violence, or sexual acts or references;
  6. includes an image or personal information of another person or persons unless you have their consent;
  7. poses or creates a privacy or security risk to any person;
  8. you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
  9. contains large amounts of untargeted, unwanted or repetitive content;
  10. contains restricted or password only access pages, or hidden content;
  11. contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
  12. advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or
  13. contains financial, legal, medical or other professional advice;

(d) interfere with, disrupt, or create an undue burden on our sites;

(e) use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of our sites;

(f) use our sites with the assistance of any automated scripting tool or software;

(g) frame or mirror any part of our sites without our prior written authorisation;

(h) use code or other devices containing any reference to our sites to direct other persons to any other web page;

(i) except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our sites or cause any other person to do so; or

(j) delete any attributions or legal or proprietary notices on our sites.

Your Material

By uploading, transmitting, posting or otherwise making available any Material via our sites, you:

(a) grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form and for any purpose;

(b) except where expressly stated otherwise, also grant each user of our sites a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form for any purpose, subject to the Conditions;

(c) warrant that you have the right to grant the abovementioned licences;

(d) warrant that the Material does not breach the Conditions; and

(e) unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.

We reserve the right (but have no obligation) to:

  1. review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Conditions or otherwise has the potential to harm, endanger or violate the rights of any person; and
  2. monitor use of our sites, and store or disclose any information that we collect, including in order to investigate compliance with the Conditions or for the purposes of any police investigation or governmental request.

We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on our sites by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on our sites simply by facilitating others to post, transmit or other make Material available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.

Notifying us

If you think that any of our sites have been accessed or used by another user in breach of the Conditions, please email us at support@themusic.com.au. We'll consider whether there are grounds for taking any action, but you won't necessarily be contacted as to our decision.

In particular, if you wish to send us a copyright infringement notification, you will need to identify the Material(s) that you believe infringe(s) your copyright, identify each copyright protected work in which you own the rights and which you believe has been infringed, identify how each copyright protected work has been or is being infringed and include your contact information. You will need to sign the notice and send it to support@themusic.com.au.

Intellectual Property

Except where expressly provided otherwise in the Conditions, you do not have any right, title or interest in or to any proprietary rights relating to our sites.

Our sites contain Material that is protected by copyright, trade mark and other laws. Except where expressly provided otherwise in the Conditions, you may reproduce and display the Material on our sites for your own personal, non-commercial use only. Except for the copy held in your computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or part without our prior written approval or the written approval of our licensor.

In particular, you may not use any Material on our sites to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.

Nothing displayed on our sites should be construed as granting any right of use in relation to any logo, masthead or trade mark displayed on our sites without the express written consent of the relevant owner.

Third party websites, advertising and activities

We may feature or display links and pointers to websites operated by third parties on our sites. Such websites do not form part of our sites and are not under our control. We do not accept any responsibility in connection with any such website. If you link to any such websites, you leave our sites entirely at your own risk.

You must not link to our sites from any other website (or otherwise authorise any other person to link from a third party website to our sites) without our prior written consent.

Our sites may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.

If you contact a third party using functionality provided on our sites, including via e-mail, we do not accept any responsibility for any communications or transactions between you and the relevant third party.

From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party.

Disclaimer

You use our sites at your sole risk.

Except where expressly stated otherwise, Material on our sites are provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.

We do not make any representation or warranty that any Material on our sites will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.

We will not be liable for loss resulting from any action or decision by you in reliance on the Material on our sites, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with our sites in any circumstance.

Limitation of liability

You use our sites at your sole risk.

To the extent permitted by law, we exclude all conditions and warranties relating to your use of our sites that are not expressly set out in the Conditions.

To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, at our option, to:

(a) in the case of services supplied or offered by us:

  1. (i) the re-supply of those services; or
  2. (ii) the payment of the cost of having those services re-supplied; and

(b) in the case of goods supplied or offered by us:

  1. (i) the replacement of the goods or the supply of equivalent goods;
  2. (ii) the repair of the goods;
  3. (iii) the payment of the cost of having the goods replaced; or
  4. (iv) the payment of the cost of having the goods repaired.
    In relation to any express warranty or condition set out in the Conditions in connection with goods or services supplied or offered by us via our sites, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those goods or services.

In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with our sites.

Indemnity

You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with our sites, including any breach by you of the Conditions.

GST

Unless stated to be otherwise, charges referred to for any goods or services supplied (or offered for supply) via our sites are stated inclusive of GST. Where GST applies to any supply made to you, we will deduct the applicable GST and issue you with a Tax Invoice. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 ("Act"). Tax Invoice means tax invoice as defined by the Act.

Severability

If any provision of the Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Conditions, which shall remain in full force and effect.

No waiver

No waiver of any term of the Conditions shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Conditions shall not constitute a waiver of such right.

Affirmation regarding age

By using our sites, you affirm that you are 18 years or over or otherwise possess legal parental or guardian consent.

Applicable law

These Conditions shall be construed in accordance with and governed by the laws of Victoria, Australia. You consent to the exclusive jurisdiction of the courts in Victorian Courts to determine any matter or dispute which arises under the Conditions.

Definitions

In these terms and conditions:

"Conditions" means these terms and conditions, together with the TheMusic Classies Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on our sites.

"Our sites" means all of the websites that we own and/or operate from time to time, regardless of how those websites are accessed by users (including via the Internet, mobile phone or any other device). For a list of the websites that currently form part our sites, visit www.streetpress.com.au.

"Material" means text, illustrations, photos, audio, video, any combination of these or other material.

"Us", "we" or "our" means Street Press Australia Pty Ltd (ABN 76 117 128 579) and/or its related bodies corporate.