These terms and conditions (the “Terms”) are entered into between Gourmet Ads Pty Limited as trustee for the Gourmet Ads Trust (“Gourmet Ads”) and the Advertiser and/or Agency (“Customer”) for the purpose of advertising services on the Gourmet Ads network. These Terms and Conditions, together with the relevant Advertising Order, represent the entire agreement between Gourmet Ads and the Customer and cannot be varied.
- If the Customer is an Agency, then the Agency represents and warrants that;
a. Advertiser has authorized the Agency to enter into this Agreement on Advertiser’s behalf and to represent the Advertiser within the scope of this Agreement, and upon request provide Agency of Record statement, and
b. Advertiser agrees to be bound by the terms of this Agreement, including but not limited to paying Gourmet Ads for advertisements delivered pursuant to this Agreement and any corresponding advertising orders. These Terms shall be deemed incorporated by reference into any Advertising Order submitted by the Customer.
- Gourmet Ads will provide an Insert Order to the Customer for each advertising campaign for publication subject to these terms and conditions.
- Gourmet Ads may require you to submit a completed Credit Application Form prior to our signature of the Insertion Order.
- Each advertising Insert Order will be subject to the payment terms detailed on the Insert Order, in some cases subject to Credit Application will require pre-payment to be made prior to the advertising campaign being trafficked in the Gourmet Ads system.
- Gourmet Ads will not be obliged to supply to you advertising Services set out in the Insertion Order until you have signed the Insertion Order.
- Advertising creative is to be supplied as per the Gourmet Ads specifications, which complies with the IAB standard sizes.
- Advertising creative must be received by Gourmet Ads at least 3 working days prior to the advertising campaign starting date. If creative is received after the relevant date, which causes the Customers campaign to be delayed, the publication of the advertisement will be considered to have commenced on the commencement date specified in the Advertising Order.
- Gourmet Ads do not accept any responsibility for errors in the advertising material that has been supplied by the Customer.
- The Customer warrants that the advertising material supplied complies with all relevant laws and regulations and it’s publication will not give rise to any claims or liabilities against Gourmet Ads, our publishers, directors, employees or agents. The Customer also warrants the advertising materials do not breach or infringe the Trade Practices Act (Cth), the Fair Trading Acts of relevant States of Australia or equivalent or other sale of goods legislation; any copyright, trade mark, obligation of confidentiality or other personal or proprietary rights; any law of defamation, obscenity or contempt of any court, tribunal or royal commission; State or Commonwealth anti-discrimination legislation; the Privacy Act (Cth); or 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).
- Gourmet Ads may at its absolute discretion, refuse or withdraw any advertisement from the network without reason. If advertisements are refused, then no fees associated with the advertisement will be charged. We reserve the right to refuse or withdraw your advertisement from publication at any time.
- Cancellation of any advertising campaign by the Customer must be received in writing by Gourmet Ads no less than 21 days before the commencement date for a 100% refund. Cancellations after this date will be subject to a minimum cancellation fee of 100% of the total cost of the entire campaign. Campaigns cancelled at your request after commencement will not be entitled to a refund of the unused portion of the campaign.
- The Customer indemnifies Gourmet Ads; our directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly, from the publication of the advertising material on the Gourmet Ads network.
- Interest at the rate of 10% per month (calculated daily) will be accrued on all overdue invoices.
- Insert Orders can be signed in counterparts and via electronic methods such Echosign.
- This agreement is governed by the courts of New South Wales, Australia.