Terms & Conditions
nextmedia Terms & Conditions
These terms apply to all advertising provided to any person (a ‘Customer’) by nextmedia ABN: 84 128 805 970 or any of its subsidiaries (all of which are referred to as ‘nextmedia’).
This Agreement sets forth the terms and conditions which apply to the use by you of the Nextmedia sites (as defined below) and any other subscription product or service offered for sale by Nextmedia and/or its affiliates (collectively, "Nextmedia "). The right to use any product or service offered by Nextmedia is personal to you and is not transferable to any other person or entity.
The "Nextmedia sites" shall mean all areas and any subscription or other paid products and services offered or available on the interactive online service operated by Nextmedia on the World Wide Web. The Nextmedia sites consist of information services and content provided by Nextmedia, affiliates of Nextmedia and third parties. The term "Community Areas" means the bulletin boards, forums, chat rooms and other user participatory areas on the Nextmedia sites.
Nextmedia shall have the right at any time to change or discontinue any aspect or feature of the Nextmedia sites including, but not limited to, the Community Areas, content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to, posting on the Community Areas a revised version of this Agreement or notification by electronic mail. Any use by you of the Community Areas after such notice shall conclusively be deemed to be acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions.
3. Use of the Nextmedia sites and the Community Areas.
A. The Community Areas shall be used for lawful purposes only. No material shall be posted on or transmitted through the Community Areas which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offence, gives rise to civil liability or otherwise violates any law. No conduct shall be undertaken that, in Nextmedia 's judgment, restricts or inhibits any other user from using or enjoying the Community Areas. Advertising or commercial solicitation may be posted on or transmitted through the Community Areas but only with Nextmedia 's express prior approval and only if the advertising or commercial solicitation complies with all conditions imposed by Nextmedia.
B. The Nextmedia sites and the Community Areas contain copyrighted material; trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the Nextmedia sites are copyrighted as a collective work under the Australian copyright laws. Nextmedia is the owner of the copyright in the entire Nextmedia sites. Nextmedia owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Nextmedia sites or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the Nextmedia sites without the express permission of Nextmedia and the copyright owner. In the event of any permitted copying, redistribution or publication of material from the Nextmedia sites, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, audio, and/or video on the Nextmedia sites shall not be broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any media.
C. You shall not upload, post or otherwise make available on the Community Areas any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You are responsible for determining that such material is not protected by copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission.
D. You hereby grant to Nextmedia, Nextmedia and their respective affiliates the worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in the Community Areas and/or any e-mail sent by you to Nextmedia (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed.
E. You may not (i) select or use a member name or e-mail address of another person with the intention of impersonating that person; (ii) use a member name or e-mail address of anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that Nextmedia considers to be offensive.
F. You shall provide Nextmedia with accurate, complete and updated information provided by you at the time of registration.
G. The Nextmedia sites contain links to other web sites, resources and advertisers. Nextmedia is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall Nextmedia be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site's administrator or Webmaster.
H. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Nextmedia sites and Community Areas and all charges related thereto.
I. The foregoing provisions of this Section 3 are for the benefit of Nextmedia, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.
J. Nextmedia has carefully designed the Nextmedia sites with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the Nextmedia sites in any way that interferes with that purpose. In particular, Nextmedia prohibits any party from displaying the content on the Nextmedia sites in any format where third party advertising or other materials that Nextmedia did not authorize is viewed or viewable together with Nextmedia 's proprietary content.
Nextmedia shall have the right, but not the obligation, to monitor the content of the Community Areas to determine compliance with this Agreement and any other operating rules that may be established by Nextmedia from time to time. Nextmedia shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Community Areas. Without limiting the foregoing, Nextmedia shall have the right, but not the obligation, to remove any material that Nextmedia, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right of Nextmedia, users shall remain solely responsible for the content of their messages. You acknowledge and agree that neither Nextmedia nor any of its affiliates shall assume or have any liability for any action or inaction by Nextmedia with respect to any conduct within the Community Areas or any communication or posting on the Community Areas.
5. Disclaimer of Warranty; Limitation of Liability
A. You expressly agree that use of the community areas and the Nextmedia sites is at your sole risk. Neither Nextmedia, its affiliates or any of their respective employees, agents, third party content providers or licensors warrant that the Nextmedia sites will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Nextmedia sites or as to the accuracy, reliability or content of any information, service or products provided through the sites or the community areas.
B. The Nextmedia sites and the community areas are provided on an "As Is", "As Available" basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties if merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
C. The Disclaimers of liability contained in this section 5 apply to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. You specifically acknowledge that Nextmedia is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.
D. In no event will Nextmedia or any person or entity involved in creating, producing or distributing the Nextmedia sites be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Nextmedia sites or out of the breach of any warranty. You hereby acknowledge that the provisions of this section 5 shall apply to all content on the Nextmedia sites and/or the community areas. Nextmedia's liability to users, if any, shall in no event exceed the total amount paid to Nextmedia.
E. Nextmedia neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Nextmedia sites, nor for any offensive, defamatory or obscene posting made on the community areas by anyone other than authorized Nextmedia employee spokespersons while acting in their official capacities. Under no circumstances will Nextmedia be liable for any loss or damage caused by your reliance on information obtained through either the content on the Nextmedia sites and/or any postings on the community areas. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Nextmedia sites and/or the community areas. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to financial, health, or lifestyle information, opinion, advice or other content.
F. Nextmedia does not endorse, warrant or guarantee any products or services offered through the Nextmedia sites and will not be a party to or in any way monitor any transaction between users and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use you best judgement and exercise caution where appropriate. Nextmedia makes products or service available on the Nextmedia sites without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
G. Prior to the execution of a purchase or sale of any security or investment, you are advised to consult with your broker or other financial advisor to verify pricing and other information. Neither Nextmedia nor its third party content providers shall have any liability for investment decisions based upon, or the results obtained from, the content provided herein. Neither Nextmedia nor its third party content providers guarantee or warrant the timeliness, sequence, accuracy, or completeness or any such information. Nothing contained in the Nextmedia sites shall be construed as investment advice. Nextmedia is not a registered broker-dealer or investment advisor and does not give investment advice.
You agree to defend, indemnify and hold harmless Nextmedia, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use by you of the Nextmedia sites and/or the Community Areas.
Nextmedia shall have the right to immediately terminate this Agreement with respect to any user which Nextmedia, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 5, 6, 7, 8 and 9 shall survive termination of this Agreement.
All trademarks appearing on the Nextmedia sites are the property of their respective owners, including, in some instances, Nextmedia.
9. Subscription Services; Products.
(a) Subscription Services. Nextmedia makes available to users certain online subscription services, and other paid services and products. The following terms and conditions shall apply in the event that you subscribe to any subscription service or services offered by Nextmedia on the Nextmedia sites (the "Subscription"):
A. Subscription Terms. We currently offer a number of subscription terms: 6, 12 and 24 month magazine subscriptions, set to expire after the agreed term.
We also offer continuous subscription terms, in the instance that you are offered and accept a continuous subscription service, t your Subscription will continue until Nextmedia receives notification of termination from you as described in subsection C below. In this process you authorize Nextmedia to charge the credit card or bank account, you provided during the registration process, the current fees and charges for each subsequent term according to the subscription plan chosen by you.
If you subscribed for a term of 6 months, one (1) year or more, you will be notified by Nextmedia before the account designated by you lapses, after your first term.
You are responsible for any charges associated to connecting to the Nextmedia sites, including but not limited to, any telephone line charges or any Internet access provider charges. You shall provide Nextmedia with accurate, complete and updated information as to your name and e-mail address and credit card account information provided by you at registration. Failure to do so shall constitute a breach of this Agreement.
B. Changed Terms. Nextmedia shall have the right at any time to impose, change or modify its fees and billing methods, or other terms and conditions applicable to your use of the Subscription or to impose new terms and conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Nextmedia sites a revised version of this Agreement or notification by electronic or conventional mail. If any such change is unacceptable to you, you may terminate your Subscription as provided in subsection C below. Any use of the Subscription by you after such notice shall conclusively be deemed to constitute acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions periodically to be aware of such revisions. You may also be subject to additional terms and conditions imposed by third party content providers in connection with third party content, software or services.
C. Termination. Either you or Nextmedia may terminate this Agreement at any time. Your only right with respect to any dissatisfaction with (i) any terms and conditions of this Agreement, or policy or practice of Nextmedia in operating the Nextmedia sites and/or the Community Areas, (ii) content available through the Subscription or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate this Agreement by sending notice to Nextmedia Customer Service, Level 6 Building A, 207 Pacific Highway, St Leonards, NSW 2060, by e-mail sent privacyofficer @nextmediamedia.com. Notice of termination will be effective upon receipt by Nextmedia. Without limiting the foregoing, Nextmedia shall have the right to immediately terminate this Agreement with respect to any user which Nextmedia, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. In the event that your account is terminated or cancelled, no refund of any fees, including monthly membership fee, will be granted. The provisions of Sections 5, 6, 7, 8 and this Section 10 shall survive termination of this Agreement. Fees paid for any Subscription are paid in advance and are not refundable in whole or in part, provided, however, that in the event of termination by Nextmedia for any reason other than breach of this Agreement by you or termination by you in accordance with this subsection C of this Agreement in which you identify the termination as resulting from changed terms, Nextmedia shall make a pro rata refund to you.
(b) Products and Other Services. With respect to products and services offered for sale by Nextmedia and third parties or through the Nextmedia sites: you shall be informed of all terms of the offer, including but not limited to pricing, methods of payment, shipping and handling, credit card information, sales tax, return and refund policies and applicable privacy policies on the screen where you make the purchase.
10. Nextmedia Print and Online Advertising Terms & Conditions
These terms apply to all advertising provided to any person (a ‘Customer’) by nextmedia ABN: 84 128 805 970 or any of its subsidiaries (all of which are referred to as ‘nextmedia’).
11. Publication of Advertising
11.1. Subject to these Terms, nextmedia 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. ‘Advertising’ includes images submitted for publication.
1.2. Customer grants nextmedia a worldwide, royalty-free, nonexclusive, irrevocable licence to publish, and to sub-licence the publication of, the Advertising in any form and in any medium. Customer warrants that it has the right and authority to grant nextmedia the licence referred to in this clause 1.2
12. Right to Refuse Advertising
12.1. Neither these Terms nor any written or verbal quotation by nextmedia represent an offer to publish Advertising. A binding contract in relation to a request for Advertising will only be formed between nextmedia and a Customer when nextmedia accepts the Advertising in writing.
12.2. Even if a contract has been formed in accordance with the above clause, nextmedia 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 nextmedia).
13. Right to Vary Format and Placement
13.1. nextmedia 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 Advertising.
13.2. nextmedia will endeavour to notify the Customer of any such changes. However, except in accordance with clause 12, nextmedia will not be liable for any costs, expenses, losses or damages suffered or incurred by a Customer arising from nextmedia’s failure to publish Advertising in accordance with a Customer’s request.
13.3. If nextmedia changes the production environment, nextmedia reserves the right to shrink or enlarge the size of the print Advertising by up to 10% or modify the online Advertising without notifying the Customer and without change to the rates for that Advertising.
13.4. nextmedia will publish print Advertising under the classification heading that it determines is most appropriate. Print Advertising headings are for the convenience of readers and are determined at the discretion of nextmedia.
14. Submission of Advertising
14.1. Customer warrants to nextmedia that the Advertising and the publication by nextmedia of the Advertising does not breach or infringe:
(a) the Trade Practices Act (Commonwealth), Fair Trading Acts (State) or equivalent legislation;
(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 commission;
(d) State or Commonwealth anti-discrimination legislation;
(e) the Privacy Act (Commonwealth);
(f) the financial services provisions of the Corporations Act; or
(g) any law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or any State or Territory).
14.2. 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 copy.
14.3. Customer must not submit Advertising for publication that contains contact details for the Customer unless those contact details include the full name and street address of the Customer. Post office box and email addresses alone are insufficient.
14.4. If a Customer submits Advertising that looks, in nextmedia’s opinion, like editorial material, nextmedia may publish the Advertising under the heading ‘Advertising’ and with a border distinguishing it from editorial.
4.5. nextmedia 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 nextmedia’s negligence).
114.6. All Advertising material submitted by the Customer must comply with nextmedia’ specifications which are available at www.nextmedia.com.au. nextmedia may reject the Advertising material if it is not submitted in accordance with such specifications.
4.7. Print Advertising material must be submitted prior to the “Advertising Material Deadline” for the publication. Deadline information is found at www.nextmedia.com.au or upon request.
14.8. nextmedia reserves the right to charge the Customer for print Advertising if creative materials are not submitted in accordance with clause 4.7.
14.9. For online banner and display Advertising, the customer must submit creative materials to nextmedia at 3 working days (5 working days for non-gif material) before the scheduled publication date.
4.10. nextmedia reserves the right to charge the Customer for online Advertising if creative materials are not submitted in accordance with clause 4.9.
15. Advertising Publishing & Performance
15.1. nextmedia will measure online display and banner Advertising (including impressions delivered and clicks achieved) through its own ad-serving systems. Results from Customer or third party ad-servers will not be accepted for the purposes of nextmedia’ billing and assessment of Advertising
5.2. Subject to clause 12, nextmedia is not liable for any loss,damages or liabilities arising from a failure of the internet or any telecommunications structure.
5.3. Customer acknowledges that nextmedia may at its discretion include additional features or inclusions such as third party advertisements within online classified Advertising.
16.1. The Customer must promptly
(a) check proofs of Advertising, if these are provided to the Customer by nextmedia and
(b) notify nextmedia of any errors in the proofs or any published Advertising.
16.2. nextmedia does not accept responsibility for any errors in Advertising placed over the telephone.
16.3. nextmedia does not accept responsibility for any errors in Advertising material received from third parties.
16.4. If a Customer wishes to make a claim on nextmedia for credit, re-publication or any other remedy in respect of Advertising, the Customer must send the claim in writing to nextmedia no later than 7 days after the date of the tax invoice.
16.5. nextmedia will only investigate complaints during normal office hours (9am to 5pm, Monday to Friday excluding public holidays).
17. Advertising Rates and GST
17.1. The Customer must pay for Advertising with the rates in nextmedia’ Ratecard, unless otherwise agreed, at the casual or basic rate.. Ratecard rates
(a) may be varied at any time by nextmedia without notice.
(b) are exclusive of taxes, duties or GST (‘Taxes’) unless the Ratecard specifies that GST or other Taxes are included.
17.2. Unless otherwise agreed at the time we accept your material, accredited advertising agencies that are approved by us will receive a standard 10% agency discount off the Rate Card prices. No discount will be given in respect of material that is for the direct benefit of the agency.
17.3. All amounts shown on our Ratecards are in Australian Dollars unless specified otherwise.
18.1. If you wish to stop publication of Advertising or if you request work we are doing for you to stop after you have instructed us to proceed with the work, you must request our consent in writing and
(a) for print Advertising, the customer must cancel Advertising in writing prior to “Booking Deadline” date. Covers cannot be cancelled, and
(b) for online Advertising, the Customer must cancel online Advertising in writing at least 30 days before the publication date
8.2. If we do consent you must pay us:
(a) in our absolute discretion, a cancellation fee of up to 100% of the Advertising booking or of the work being done.
19.1. nextmedia may grant, deny or withdraw credit to a Customer at any time in its discretion.
19.2. 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.
19.3. For the purpose of obtaining or providing a credit check/reference, you authorise us to make enquiries and to use, exchange and disclose to any credit provider or credit reporting agency, any or all information we know or obtain concerning your credit worthiness.
20.1. All amounts shown on our tax invoices are in Australian Dollars unless specified otherwise.
20.2. The customer must pay in Australian Dollars.
10.3. The Customer must pay for Advertising
(a) by prepayment, if so required by nextmedia; and
(b) within 30 days after the date of the invoice if a commercial account has been established with nextmedia
10.4. 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; If Customer fails to provide the copy or material for space that is booked, Customer will still be charged unless a cancellation is approved by nextmedia.
(b) the full price for Advertising even if nextmedia has exercised its right to vary the format or placement of the Advertising and even if there is an error or omission in the Advertising (unless the error or omission was the fault of nextmedia).
21. Failure to Pay and other Breach
21.1. If a Customer breaches these terms and conditions or fails to pay for Advertising in accordance with clause 10 or if a Customer suffers an Insolvency Event as defined in clause 11.2, nextmedia 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 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 nextmedia 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.
11.2. 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 an arrangement with 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) has a receiver, manager, liquidator or administrator is appointed to any of its property or assets; or
(v) has had a petition presented for the winding up of the Customer.
11.3. A written statement of debt duly signed by an authorised employee of nextmedia shall be prima facie evidence and proof of the amount owed by the Customer to nextmedia.
22.1. The Customer acknowledges that it has not relied on any advice given or representation made by or on behalf of nextmedia in connection with the Advertising.
22.2. nextmedia 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’).
22.3. nextmedia 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 nextmedia, at nextmedia’ option, to re-supply of the Advertising affected by the breach, or payment of the cost of re-supply.
22.4. Subject to clauses 12.2 and 12.3, nextmedia 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 nextmedia, whether that liability arises in contract, tort (including by nextmedia’s negligence) or under statute. Without limitation, nextmedia will in no circumstances be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.
22.5. The Customer indemnifies nextmedia 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.
23.1. nextmedia collects a Customer's personal information to provide the Advertising to the Customer and for invoicing purposes. nextmedia 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, nextmedia may disclose personal information to debt collection agencies to recover the amount due.
13.2. More information about our privacy statement is accessible at www.nextmedia.com.au.
24.1. These Terms represent the entire agreement of the Customer and nextmedia in relation to Advertising and cannot be varied except in writing by an authorised officer of nextmedia. No purchase order or other document issued by the Customer will vary these terms.
24.2. nextmedia will not be liable for any delay or failure to publish Advertising caused by a factors outside nextmedia’ reasonable control (including but not limited to any Act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).
24.3. nextmedia 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.
25. Online Advertising
25.1. All online advertising banners must be sent to the advertising representative a week prior to the deployment date for testing.
25.2. All Flash banners must be coded to the specifications supplied by the advertising representative. All Flash banners must be accompanied by a backup .gif or .jpg file.
25.3 In the event of any technical issues associated with the Flash file nextmedia reserves the right to substitute any Flash banner for said banner's backup .gif or .jpg.
15. Disclaimer of Warranty and Limitation of Liability
By visiting any nextmedia website you acknowledge that you use the service at your own risk.
This Agreement and any operating rules for the Nextmedia sites and the Community Areas established by Nextmedia constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of New South Wales, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.