Little Aussie Communities' Advertising Terms and Conditions

1. Basis of Agreement

1.1       The Advertiser agrees that the following Terms and Conditions apply to every supply of goods and services between Little Aussie Communities and the Advertiser.

 1.2     The Advertiser is taken to accept this agreement by:

  (a)     signing the Booking Form where indicated and returning a copy to Little Aussie Communities.

  (b)     requesting or continuing its advertisement on the Community Platforms, or

  (c)     oral acceptance of the agreement.           

2. Terms of Engagement        

This agreement continues until either party gives notice to terminate the agreement in accordance with Section 10.

3. Publication by Little Aussie Communities

3.1      Subject to the terms set out in this agreement, and in consideration for the Fees, Little Aussie Communities will publish the Advertiser’s content on the Community Platforms covering the Community Areas, in accordance with the Advertising Schedule.

3.2      The Advertiser acknowledges that the Community Platforms are local directories that are subject to local content requirements and the Advertiser’s Business Premises must be located in the Community Area (as determined by Little Aussie Communities) in which the Advertiser wishes its content to be advertised.

3.3      The Advertiser must inform Little Aussies Communities of any change to the location of its Business Premises within 14 days.

3.4       Little Aussie Communities may, at its sole discretion, impose or alter any requirements regarding:

(a)     the Community Areas within which the Advertiser’s advertisement will be placed.

(b)     the number of businesses of a similar nature to the Advertiser which may advertise within each Community Area.

(c)     the frequency of the publication of the Advertiser’s content on the Community Platforms.

(d)     the Advertiser’s advertisement size, the content that is permitted, how it is placed onto Community Platforms and whether it is included on a Community Platform.

(e)     pricing and pricing structure.

(f)     alterations to the boundaries of any Community Area, which may or may not result in a change in the size of the Community Area and the number of homes located within that          Community Area.

(g)     the delivery method of the Community Magazine.

(h)     the frequency and schedule of delivery of the Community Magazine and Community Platforms.

(i)     ceasing the coverage of a Community Area on the Community Platforms.

(j)     the branding requirements for Advertisers and Business Categories on the Community Platforms.

(k)    the scarcity requirements, being the number of businesses in each Business Category advertised on the Community Platforms in each Community Area.

(l)     the determination of Business Categories and the requirements of Advertisers in each Business Category, including the job items and content included and excluded, the booking requirements, the Community Magazine advertisement size and the Community Platform content rules.

4. Payment

4.1     All payments must be made by an approved Credit Card or Direct Debit authority. An approved Credit Card or Direct Debit authority is required to be eligible for Little Aussie           Communities’ long-term Advertiser discounts.

4.2     Payments will be processed monthly on the scheduled due date, prior to publication on the Community Platforms. Little Aussie Communities reserves the right to change the scheduled due date by written notice.

4.3     Little Aussie Communities reserves the right to terminate this agreement immediately by written notice if the Advertiser fails to pay the Fees in accordance with this agreement.

4.4     The Advertiser acknowledges and agrees that any Fees paid pursuant to this agreement are non-refundable.

4.5     The Advertiser agrees that it will reimburse Little Aussie Communities for any costs incurred by Little Aussie Communities in enforcing payment of any amounts outstanding on the            Advertiser’s account.

5. Content of Advertisements

5.1       All final advertising content, including print artwork, will be produced by Little Aussie Communities to ensure it complies with Little Aussie Communities own standards. This may include meeting the Community Platform branding, content and category requirements, including but not limited to amendments to ensure the accuracy of the content such as seasons, times and rolling over special offer expiry dates.

5.2       Little Aussie Communities reserves the right to refuse or amend any content or artwork that is produced by the Advertiser.

5.3       Little Aussie Communities reserves the right to alter the format and size of any content to be published on the Community Platforms.

5.4       The Advertiser must notify Little Aussie Communities of any changes it wishes to make to content in accordance with the deadlines provided to the Advertiser and as detailed in the monthly Advertiser update e-newsletter.

5.5       Prior to publishing any content on the Community Platforms, Little Aussie Communities will take reasonable steps to confirm with the Advertiser the accuracy and currency of any content and that the appropriate authorities have been obtained from the subject, owner or both, of the content. The Advertiser acknowledges that Little Aussie Communities is not responsible for any errors or omissions contained in the content published on the Community Platforms or for any failure by the Advertiser to obtain the appropriate authorities from the subject, owner or both, of any content published.

5.6      The Advertiser acknowledges that it is the Advertiser's responsibility to regularly review any of its content published on the Community Platforms and to notify Little Aussie Communities of any errors or omissions contained in the content.

5.7      To the extent that the Advertiser owns or has a licence in respect of any intellectual property rights in the information provided to Little Aussie Communities, the Advertiser provides Little Aussie Communities with a perpetual, irrevocable, non-exclusive licence to use, modify and communicate any such intellectual property in relation to the provision of services under this agreement.

5.8       The Advertiser acknowledges that Little Aussie Communities may in its absolute discretion:

(a)     postpone the publication of any advertisement on the Community Platforms.

(b)     refuse or withdraw the publication of any advertisement if any amounts remain outstanding to Little Aussie Communities on any account.

6. Code of Conduct

6.1       The Advertiser acknowledges that the Little Aussie Communities Code of Conduct is required to maintain the integrity and success of the Community Platforms for the benefit of all our users which include Customers and Advertisers. An individual Advertiser that breaches the Code of Conduct does so to the detriment of all other Advertisers.

6.2       The Advertiser agrees to:

(a)       be courteous and friendly.

(b)       refrain from engaging in any discriminatory or offensive behaviour, in all interactions with Customers and Little Aussie Communities staff and to otherwise comply with any code of conduct prescribed by Little Aussie Communities.

6.3       The Advertiser agrees to:

(a)      deliver excellent service and display professional workmanship at all times.

(b)       provide a written quote and receipt when requested.

(c)       honour any price quote submitted to a Customer unless there is a change in the size or scope of work.

(d)      be punctual for any appointments made with a Customer to provide quotes or complete any agreed work.

(e)      complete any work for which a deposit has been taken or a promise to complete has been given.

(f)       provide every effort to do what is advertised.

(g)       honour special offers as advertised.

(h)       refrain from posting any illegitimate reviews or inducing any person to post any illegitimate reviews.

(i)        use all reasonable efforts to satisfactorily resolve any Customer complaint that comes to the attention of Little Aussie Communities and is subsequently raised with the Advertiser.

6.4       The Advertiser will not engage in any activity that may infringe any State or Commonwealth law in its dealings with Customers and Little Aussie Communities staff.

7. Warranties from Advertiser

7.1     The Advertiser represents and warrants that, in relation to any information provided to Little Aussie Communities to be included in the Community Platforms:

(a)     the information is true and correct and not misleading or deceptive in any way.

(b)     the information is not defamatory or malicious in relation to any service, product, person or corporation.

(c)     the Advertiser is authorised to provide the material.

(d)     the provision of any content is not in breach of any intellectual property laws and the appropriate authority (where required) has been obtained from the subject, owner or both, of the content.

(e)     the information does not constitute ‘passing off’.

(f)       the provision of the information and its publication on the Community Platforms does not infringe any State or Commonwealth statute.

7.2     The Advertiser warrants that it understands and will comply with the locality and scarcity requirements of Little Aussie Communities (as described in Section 3) and the Advertiser will notify Little Aussie Communities of any change that may affect the Advertiser’s ability to comply with these requirements.

7.3     The Advertiser warrants that it:

(a)     is a registered business and has an ABN.

(b)     will perform its services for Customers in accordance with legislative and industry standards.

(c)     holds all licences and registrations relevant to its business activities being advertised on the Community Platforms.

(d)     has and will maintain appropriate insurances for the business activities being advertised on the Community Platforms.

8. Intellectual Property

8.1     Little Aussie Communities reserves all intellectual property rights in relation to all content and design including trademarks, text, images, audio and video files found on the           Community Platforms.

8.2     The Advertiser may not reproduce, copy, modify or publish any material contained on the Community Platforms without the permission of Little Aussie Communities.

8.3     The Advertiser acknowledges that any breach of this Section 8 may cause damage to Little Aussie Communities who reserve the right to seek relief, injunctive or otherwise, against the Advertiser in such an instance.

8.4     The Advertiser may promote that it is a Little Aussie Communities approved business during the term of engagement with Little Aussie Communities. Little Aussie Communities grants the Advertiser a limited, non-exclusive, revocable, non-transferable licence for the term of engagement to use the Little Aussie Communities logo on the Advertiser’s website, in promotional materials and marketing materials for that purpose.

9. Limiting Liability and Indemnity

9.1     To the extent permitted by law, Little Aussie Communities will not be liable to the Advertiser for any claims arising out of any disputes between the Advertiser and Customers for any loss or damage suffered as a result of an advertisement not being published on any of the Community Platforms.

9.2     To the extent that Little Aussie Communities is liable under this agreement, then Little Aussie Communities’ cumulative liability (whether in contract, tort, indemnity or statute) shall in  no event exceed the proportion of the Fees paid by the Advertiser which are attributable to the advertisement that is the subject of the claim.

9.3     The Advertiser indemnifies and will keep indemnified, Little Aussie Communities for any loss or damages suffered by Little Aussie Communities as a result of, or attributable to, the publication of the advertisements, the conduct of the Advertiser or the performance by Little Aussie Communities of the services that are the subject of this agreement, including loss or damages arising from any breach of any of the terms of this agreement.

10. Termination and Breach

10.1     Subject to Section 10.2, either party may elect to terminate this agreement upon providing 60 days’ written notice to the other party.

10.2     The Advertiser cannot terminate this agreement pursuant to section 10.1 until the expiry of any initial fixed term specified in the Booking Form.

10.3     If the Advertiser:

(a)       breaches any of the terms of this agreement

(b)       fails to comply with Little Aussie Communities’ publication requirements (including those set out in Section 3)

(c)       fails to comply with Little Aussie Communities’ Code of Conduct

Little Aussie Communities reserves the right to suspend or terminate this agreement without further notice.

10.4     Upon termination of this agreement, the Advertiser must pay any outstanding monies owed to Little Aussie Communities and must immediately cease use of the Little Aussie Communities logo.

11. Dispute Resolution

11.1       If a dispute arises between the parties in relation to the interpretation of this agreement or the rights of any party under this agreement (Dispute), a party must not commence court or arbitration proceedings relating to the Dispute unless that party has participated in the dispute resolution procedures set out in this Section 11.

11.2       A party claiming that a Dispute has arisen must give a written notice specifying the nature of the Dispute (Dispute Notice) to the other party.

11.3       If a party gives a Dispute Notice:

(a)     within ten Business Days of the giving of a Dispute Notice, the parties must meet in good faith with a view to resolving the Dispute.

(b)     no party may commence court or arbitration proceedings in respect of the Dispute until five Business Days after the date on which the parties first meet.

(c)     if the parties are unable to resolve the Dispute within five Business Days of first meeting, any party to the Dispute may then commence court or arbitration proceedings in respect of the Dispute.

11.4       Notwithstanding the existence of a Dispute, each party must continue to perform its obligations under this agreement.

12. Alteration to Terms and Conditions

12.1       Little Aussie Communities reserves the right to amend the Terms and Conditions contained in this agreement.

12.2       Little Aussie Communities will notify the Advertiser in writing 30 days’ prior to the amended Terms and Conditions coming into effect.

13. Privacy

13.1     Little Aussie Communities collects information provided by the Advertiser, some of which may be considered 'personal information' pursuant to the Privacy Act 1988 (Cth), to assist in the provisions of goods and services to the Advertiser and to improve Little Aussie Communities' services.

13.2     The Advertiser acknowledges and agrees to its personal information being dealt with in accordance with Little Aussie Communities' Privacy Policy.

13.3     The Advertiser has the right to access and alter its personal information in accordance with the Privacy Act 1988 (Cth).

13.4     If the Advertiser provides a testimonial to Little Aussie Communities in relation to any services provided by Little Aussie Communities (including the Community Platforms), the Advertiser consents to Little Aussie Communities using that testimonial for marketing and advertising purposes, without payment to the Advertiser.

14. Governing Law and Jurisdiction

This agreement is governed by and construed in accordance with the laws of Western Australia and each party irrevocably submits to the non-exclusive jurisdiction of the courts of Western Australia and the courts competent to determine appeals from those courts, with respect to any proceedings which may be brought at any time relating to this agreement.

15. Confidentiality

The Advertiser may not disclose the contents or terms of this agreement, or any information or documents supplied by Little Aussie Communities to the Advertiser in relation to Little Aussie Communities finances and affairs, pricing, contracts and any other information that is deemed confidential by Little Aussie Communities, without the prior consent of Little Aussie Communities.

16. Tax

Unless expressly stated to the contrary all amounts expressed in this agreement are exclusive of GST (as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)). If a party (Supplier) is obliged to pay an amount of GST for a taxable supply made by the Supplier to another party (Recipient) under this agreement, the Recipient must pay the Supplier an amount equal to the GST payable on the supply by the Supplier, at the same time as the consideration otherwise payable by the Recipient for the supply.

17. Whole Agreement

This document is the entire agreement and understanding between the parties relating to the subject matter of this agreement and supersedes any prior agreement, representation (written or oral) or understanding on anything connected with that subject matter.

18. Definitions

18.1  ‘Advertiser’ means the company stated in the Booking Form.

18.2  ‘Advertising Schedule’ means the schedule at which the Community Magazine is published and delivered in the Community Areas and the community website is updated.

18.3 ‘Booking Form’ means the Little Aussie Communities Booking Form.

18.4  ‘Business Category’ means the classification of the Advertiser’s business according to the service offered by that business.

18.5  ‘Business Premises’ means the physical premises from which the Advertiser operates its business.

18.6  ‘Community Area’ means the geographical area within which the Advertiser’s content will be published (as stated in the Booking Form or as otherwise notified to the Advertiser).

18.7  ‘Community Magazine’ means the printed directory produced by Little Aussie Communities in relation to a Community Area.

18.8  ‘Community Platform’ includes the Community Magazine, the Little Aussie Communities' Community Website and other platforms established by Little Aussie Communities.

18.9  ‘Customers’ means customers who engage the Advertiser through the use of the Community Platform.

18.10  ‘Fees’ means all fees payable by the Advertiser pursuant to this agreement (as stated in the Booking Form or as otherwise notified to the Advertiser).

18.11  ‘Little Aussie Communities’ means Thornhill Holdings Pty Ltd (ACN 009 342 232) as trustee for the Holford Business Trust trading as Little Aussie Communities.

18.12  ‘Parties’ means the parties to this agreement, being the Advertiser and Little Aussie Communities.