Terms & Conditions
Last updated 19 July 2022
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The Company:
Design It Print & Publish T/A Cassowary Coast Informer (ABN 13 696 496 701)
PO Box 280, Malanda QLD 4885 Australia
Phone: (07) 4095 1290
Email: info@cassowarycoastinformer.com.au
Terms & Conditions Enquiries: If you have any queries about our Terms & Conditions please contact us here.
FOLLOWING ARE THE TERMS AND CONDITIONS FOR THE WEBSITE AND ADVERTISING
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WEBSITE TERMS & CONDITIONS
By using Our Website and the Services and information offered on Our Website, you are agreeing to the following terms and conditions.
Definitions:
Services means the online directories contained in this website, it's search system and all other included directory listings and general information.
The Book means the printed telephone and business directory titled 'Cassoway Coast Informer'
The Website means the website located at https://cassowarycoastinformer.com.au/
We / Us / Our means Design It Print & Publish trading as Cassowary Coast informer and any of our subsidiaries, affiliates, employees, officers, agents or assigns.
Accuracy of content: We have taken proper care and precautions to ensure that the information we provide on this Website is as accurate as possible. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site. The information contained on this Website should not take the place of professional advice. We provide an information directory service only, inclusion of businesses, events, venues, services or groups in The Website or The Book as listings in our directories does not construe our endorsement or recommendation of using the businesses, events, venues, services or groups in said listings.
Use: The Website is made available for your use on your acceptance and compliance with these terms and conditions. By using this Website, you are agreeing to these terms and conditions. You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations. You agree that you will not use, nor will you allow or authorise any third party to use the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services. If you contribute to our forum (if any) or make any public comments on this Website or our social media pages/groups which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website. We reserve the right to refuse or terminate service to anyone at any time without notice or reason.
Indemnification for loss or damage: You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.
Intellectual property and copyrights: We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a License Agreement. If you wish to use content, images or other of our intellectual property, you should submit your request to us.
Trademarks: The trademarks and logos contained on this Website are trademarks of Design It Print & Publish T/A Cassowary Coast informer. Use of these trademarks is strictly prohibited except with Our express, written consent.
Links to external websites: This Website contains links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, its contents or any associated website, product or service. We accept no liability for loss or damage arising out of or in connection to your use of these sites. You may link to our articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by notice to you.
Limitation of Liability: We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of our Services are provided without a warranty with the exception of any warranties provided by law. We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.
Information Collection: Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy. By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy. To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, click here.
Confidentiality: All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.
Governing Law: These terms and conditions are governed by and construed in accordance with the laws of Queensland, Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in Queensland. We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.
Terms & Conditions Updates: Our Terms & Conditions may change from time to time and any updates will be made available on our website.
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ADVERTISING TERMS AND CONDITIONS
1. Definitions: (a) The singular shall include the plural and vice versa and in particular (without limiting the foregoing) any word or expression defined shall have the corresponding meaning if used in the plural and vice versa. (b) The Company is DESIGN IT PRINT PUBLISH as the publisher of and trading as the CASSOWARY COAST INFORMER (ABN 13 696 496 701). (c) The customer is the person, business, company, corporation or entity featured in the advertisement or the principle representative of the advertised entity to whom the correspondence is directed or addressed. (d) The correspondence is the quote, proof, invoice or any written communication, and any combination of, as issued by the Company to the customer. (e) The publication is the Cassowary Coast Informer Telephone & Business Directory (printed) and www.cassowarycoastinformer.com.au (website) and all included contents. (f) The advertising is the advertisement to appear in the publication, and if elidgable, will be the on-line header image. Placement of the advertising within the publication is as per the description on the correspondence and the final position of advertising in the publication is at the discretion of the Company. (g) The category is the heading in the publication or on the website under which the advertising will appear. Placement order of advertisements under the category are alphabetical by the customers business name. Final placement and position of the advertisements in the publication is at the discretion of the publisher. The Company reserves the right to review and change the business directory categories in print and online without notice.
(h) The listing is the information to appear in the A-Z section (white pages) of the publication. The listing may include business and/or personal details. The customer agrees that once printed or published online, the listing information will be freely available to the public with no restriction or protection by the company or its Privacy Policy. (i) The closing date (or due date) as stated on the correspondence, is the final date the Company will accept any correspondence, artwork, content, listings or material from the customer. The Company reserves the right to reject any correspondence or material received after the closing date.
2. Supply of Goods or Work: (a) The customer is responsible for the supply of all content required for design of, or alteration to the advertisement. (b) The customer must bear all costs for the purchase of type, graphics, photos or any other item specially requested by the customer for use within the advertisement. Where the customer requires the Company to obtain goods or services from a third party the Company will act as an agent for the customer in relation to the purchase of those goods or services unless otherwise specified. (c) Any legal obligation requiring an imprint to appear on any advertising or listing is the responsibility of the customer. (d) Supply of any completed press-ready artwork or advertisement will not entitle the customer to any discount. (e) Electronic files may be supplied to the Company on CD, USB storage device, or by email. (f) The Company reserves the right to reject any supplied artwork that does not comply with the Companies artwork specifications. (g) Any material supplied by the customer or third party, be it electronic or printed is subject to the copyright terms of the original creator. Further, the customer indemnifies the Company for any cost, loss, damage, liability or penalty of any kind as a result of any complaint, claim, action, or proceedings against the Company as a result of any breach, judgement or appeal in relation to the fore said supply of material.
3. Artwork Specifications: (a) Text, copy, images and draft layouts must be supplied by either electronic file without formatting, in writing or as a printed copy. (b) Text is to be supplied as un-formatted raw text files or similar file type. (c) Logos and graphics to be supplied as EPS, JPEG or PDF files and must be of a minimum file size as advised by the Company and not inserted or placed within any electronic document. (d) Draft layouts or mock-ups may be supplied as word.doc or PDF files. A hand drawn advertisement draft may be supplied by post, email or txt. The Company will not accept Publisher, Power Point and Corel Draw files. (e) Advertisements supplied by a third party must be to the specified dimensions and format as advised by the Company. (f) The Company does not accept responsibility nor are liable in any way for any errors or omissions in any advertising, text or images supplied by the customer or a third party.
4. Acceptance: (a) The correspondence is accepted and considered approved when; (i) before the closing date, an email is received by the Comapny from the client stating "APPROVED"; or (ii) the tax invoice is paid in full or part there of by the client. (b) Accepted correspondence confirms the customer agrees; (i) to all these Terms and Conditions herein, (ii) all information, listings and advertisements on the correspondence is correct; and (iii) the correspondence is an agreement (herein known as the agreement) between the Company and the customer in which the customer is required to pay in full all costs incurred by the Company in relation to the production and publishing of the customers advertising. (c) Accepted correspondence is deemed to interpret correctly the customers instructions whether written or verbal. Where verbal instructions are received from the customer, the Company is not responsible for errors or omissions due to oversight or misinterpretation of those instructions. Notwithstanding that the Company might agree in respect of any particular transaction to expressly waive one or more of these terms and conditions, such agreement will in no way release the customer from any other obligation or requirement set out herein.
5. Proofs: (a) Proofing of advertisements provides for a reasonable number of proofs after which the customer may be charged additional fees for any alterations requested. (b) The Company is not responsible nor liable for any errors or omissions in correspondence accepted by the customer (see 4. Acceptance). (c) The Company reserves the right to reject and refuse inclusion of any correspondence that is received after the closing date.
6. Liability: (a) The Company is not required to print any material which in its opinion is or may be of an illegal or libellous nature or which might involve any infringement of any third party rights or which would otherwise involve any criminal or torturous liability of any kind. (b) The Company is not liable for indirect or consequential loss as a result of any complaint, claim, action, proceedings, prosecution or loss imposed on the customer arising from; (i) any content approved by the customer and published by the company; or (ii) a third party claim occasioned by errors in the publication; or (iii) the delay in delivery. (c) No warranty is given nor responsibility accepted by the Company to ensure that the publication complies with the requirements of any legislation relating to the marketing and/or promotion of any goods and/or services advertised or listed by the customer. Compliance with such legislation and authorisation for use of any content is the sole responsibility of the customer. (d) In the event that any complaint, claim, action, proceedings or prosecution is bought or made against the Company in respect of, or arising in any way from any matter or thing processed, dealt with or appearing in the publication for the customer by the Company whether such matter or thing is or is alleged to be illegal, unlawful, libellous, in breach or infringement of copyright, trademark, patent, design, or any other third party right whatsoever, the customer indemnifies the Company in respect of such costs, loss, damage, liability or penalty without enquiry or question and without exercising any right of set off counter claim or cross demand of any nature against the Company. (e) Every exemption from liability, exclusion and every right, defence and immunity of whatsoever nature applicable to the Company or to which the Company is entitled hereunder shall also be available and extend to the protection of every employee, servant or agent of the Company (including every independent contractor from time to time employed by the Company) whilst acting in the course of or in connection with employment or engagement. (f) E&OE
7. Quality of Goods or Work: (a) Although stated at time of sales, no warranty is given by the Company that the publication is printed to specific sizes, shape, colour, quality, quantity or otherwise and the Company is not liable for any damages or loss, be they directly or indirectly resulting from variation from the expected publication. (b) Full colour advertising utilises CMYK colour printing processes and is subject to individual interpretation, differences in proofing stock to printed stock and differences inherent in printing reproduction methods. The Company does not accept responsibility nor liability for variations in colour reproduction on the on screen or in print.
8. Invoice: (a) The invoice is the tax invoice issued by the Company addressed to the customer. (b) The Renewal Proof is issued as a quotation for renewal of existing advertising. (c) If the customer does not wish to renew the advertising, the Customer must advise the Company at the earliest convenienc and the quotation will be cancelled. (d) A Tax Invoice will be issued once either (i) the Renewal Proof is APPROVED by the customer; or (ii) the customer requests changes to the Renewal Proof. (e) The amount owing on the invoice will be the total cost incurred by the customer not withstanding variations to advertising requirements, plus any additional costs incurred during the production and proofing of the advertisement and/or additional surcharges or administration fees. (f) No statement will be issued by the company unless by prior arrangement.
9. Payment: (a) Full payment of the Tax Invoice is required by the due date as stated on the invoice unless the issued invoice reflects an agreed payment plan. (b) Payment plans of 3 months only are available for invoice totals of $300 or more and must be paid using a valid Visa, Master or debit card. The minimum first payment must be $150 with the balance being split over the following 2 months. (b) Payment methods are as indicated on the ‘Remittance Advice’ on the invoice.
10. Default: (a) If any Tax Invoice (excluding Pro-Forma) remains unpaid by the customer for a period in excess of the trading terms (due date or payment plan) on the invoice (herein to be known as “default”) the Company reserves the right to remove all approved advertising and listings from the publication prior to printing and the agreement between the customer and Company is considered to be cancelled. (b) The customer will be advised in writing of default and will be liable for the full cost to create any work of art, graphic, text or images used in the advertisement or listing. The Company reserves the right to pursue full remuneration for all costs incurred as result of the cancellation of the agreement. (c) The customer indemnifies the Company for any cost, loss, damage, liability or penalty of any kind as a result of default and the cancellation of the agreement.
11. Cancellation: (a) The Company reserves the right to cancel any agreement if the customer is in default. (c) An agreement cannot be cancelled by the customer once accepted except upon terms agreed in writing by the Company in which the Company will be fully compensated for all work done and materials used or specially ordered for the production of the customers advertising or listings, to the date of the cancellation.
12. Force Majeure: Agreements and deliveries may be suspended by the Company in the event of any strike, lockout, trade dispute, fire, tempest, breakdown, riot, theft, crime, civic disturbances, war, force majeure, legislation, the inability of the Company to procure necessary materials or articles due to any of the foregoing causes, or any other occurrence preventing or retarding performance of the contract or delivery of work. The Company will not be responsible or liable for any delay, default, loss or damage due to any of the above causes nor due to any other cause beyond the control on the Company.
13. Claims: (a) Any claims against the Company must be made in writing within 30 days of the commencement of distribution of the publication or upload to the website. No claim made by the customer will be entered into by the Company beyond this period. To the extent permitted by law, failure to notify the Company of any potential claim within the specified period will be taken to constitute a waiver of any such claim that could, but for this clause, have been made against the Company.
14. Ownership: (a) Unless the Company and the customer agree otherwise, all advertisements, material, designs and works of art created by the Company, be they electronic or physical, remain the property of the Company. The exception being any works of art or advertisements supplied by the customer or third party to the Company for use “as supplied” in which case the ownership and copyright remains with the original creator and the customer indemnifies the Company against any liability, losses or expenses incurred by the Company in relation to or in any way directly or indirectly connected with any breach of copyright or of any rights in relation the said ownership or copyright. (b) Material released by the Company for use by the customer, other than for use within the publication, will be under strict written guidelines and such release will be subject to fees at the discretion of the Company. (c) The Company reserves the right to place an imprint on all published or released material created by the company.
15. Copyright: All content including advertisements, works of art, text, logos and images produced or created by the Company for publication or the website are subject to copyright. The publication nor any part may be copied, reproduced or transmitted in any form, or by any means without the explicit written authorisation from the Company. The Company reserve the right to pursue any and all legal action or remuneration as a result of any breach of this copyright.
16. Privacy: All information within the correspondence and within the data files of the Company are only for use by the Company and within the publication or website. No details or personal information will be sold, supplied or forwarded to any third party without the full authorisation of the customer. Only details agreed by the customer as per the proof will be used for the business or personal listing and within the advertisement. All information printed within the publication or displayed on the website is available to the public and once printed and distributed or uploaded, is in no way under the control of the Company. Further the Company is in no way responsible or liable for any complaint, claim, action, proceedings or litigation between the customer and any third party as a result of the release of the customers information to the public.
Terms & Conditions Enquiries: If you have any queries about our Terms & Conditions please contact us here.