Niche Media Pty Ltd (ABN 13 064 613 529) is the publisher of Desktopmag.com.au and its associated subscriber email (“us, our, we”).
Advertising Terms and Conditions
Our Advertising Terms and Conditions set out our standard terms and conditions for advertising products and services we supply to advertisers on our websites.
- Every advertiser and advertising agency (“you”) who submits an order for advertising on a website or in an email operated by us, agrees to these Terms and Conditions. Your order and these Terms and Conditions form the basis of a contract between you and us for the provision of the advertising ordered by you.
- We will, subject to availability, technical limitations and these Terms and Conditions, use our reasonable endeavours to publish your advertisement in the format submitted by you and in accordance with your other instructions. The positioning or placement of your advertisement will be at our discretion unless we expressly agree otherwise in writing.
- We may, at our absolute discretion, refuse to publish any advertisement without giving any reason. No contract is formed between you and us until we accept your advertisement for publication and issue you with a valid tax invoice. If we do refuse to publish your advertisement, no fee will be charged to you. Even if a contract has been formed between you and us, we reserve the right to refuse or withdraw your advertisement from publication at any time, without giving reasons, even if we have previously published the same or similar advertisement. We may, at our absolute discretion and at no extra cost to you, re-publish your advertisement in any other place. You acknowledge that we are entitled to publish your advertisement anywhere in the world via any medium. We may, without prior consultation or notice to you, amend your advertisement in any way whatsoever, if we believe that the publication of your advertisement would be offensive, in breach of any law, in breach of any pre-existing agreement we have with a third party or in breach of a third party’s rights. If we amend your advertisement, this will not reduce the price agreed for publication of the advertisement. We reserve the right to vary the placement or positioning of your advertisement and to change the format of your advertisement where we deem fit to do so. We will endeavour to notify you of those changes, but we will not be liable for any costs, expenses, losses or damages suffered or incurred by you arising from our failure to publish your advertisement in accordance with your request. We may head any advertisement as “Advertisement” whenever required to do so by law or whenever we consider it appropriate, for any reason, to distinguish it from other types of content.
- The rate for your advertisement will be as agreed by us and specified in the Advertising Agreement Online. If we have quoted a rate to publish a specific quantity of advertising over a specific period and a lesser quantity is submitted for publication within that period, then what is published within that period shall be costed at whatever rate is necessary to generate the expenditure which would have been incurred had the full agreed volume been published. You must pay us for the advertising services in accordance with the terms of your order. If no due date for payment is specified in your order, you must pay us within 30 days of the date of the invoice. We will invoice you monthly in advance. All rates and charges quoted are, unless expressly stated otherwise, exclusive of GST. We will issue you with a valid tax invoice and you must pay us any applicable GST in addition to the rates and charges quoted to you. Standard creative must be received at least three working days prior to the campaign starting date and rich media creative must be received at least five working days prior to the campaign starting date. If creative is received by us after the relevant date and causes your campaign to be delayed, the publication of the advertisement will be considered to have commenced on the commencement date specified in the order. It is your responsibility to arrange and manage re-directs with third party adservers, and provide such third party with the creative and lead time requirements. We will not compensate you where campaigns are affected or delayed in any way by third party ad-server redirect problems. We may, in our absolute discretion, remove any redirects from our network that are delayed in serving advertisements. All click-through URLs must enable the browser’s back feature to allow users to return to our website. If you submit advertising material to us electronically, the material must comply with our specifications. We can reject the advertising material if it is not submitted in accordance with such specifications.
#You must promptly check any proofs of advertising, if we have arranged to provide you with any and notify us of any errors in the proofs or in any advertisement that we publish for you. We do not accept any responsibility for errors in advertising material that has been submitted electronically by you.
- Cancellation of any advertisement or campaign must be received in writing from you no less than 21 days before the commencement date in your order in order to receive a 100% refund. Any cancellations of any nature received after the Cancellation Deadline as published in the Advertising Agreement Online are at the sole discretion of Desktopmag.com.au. Any 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.
- If you fail to pay for the advertising services in accordance with your order and these Terms and Conditions, or if you commit an act of bankruptcy, become insolvent, have a receiver or administrator or liquidator or manager appointed over any of your assets or if you resolve to wind up your company, then we may (at our absolute discretion) cancel any current advertising campaign and terminate any agreement for advertising that is yet to be published and take proceedings against you to recover any overdue amount including costs in relation to any action taken against you by us.
- By submitting advertising material to us or authorising or approving the publication of advertising material by us on your behalf, you warrant that the advertising material complies with all relevant laws and regulations and that its publication will not give rise to any claims or liabilities against us, our partners, our directors, employees or agents. Without limiting the above, you warrant that the advertising material submitted, authorised or approved by you does 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). By submitting, authorising or approving advertising material for publication by us, you indemnify us and our partners, 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. Without limiting the generality of the above, you indemnify us and our partners, our directors, employees and agents against any costs, expenses, losses, damages, liability and claims suffered or incurred and arising from your breach of these Terms and Conditions and any negligent or unlawful act or omission by you in connection with the advertising.
- We make no representation or warranty in relation to the number of visitors to our websites or the number of impressions at any site except for any made expressly in writing by us. Except for any warranty or representation made expressly in writing by us, you acknowledge that you have not relied on any advice given or representation made by us or on our behalf in connection with the advertising.
- We have no liability to you and you indemnify us in relation to any failure of telecommunications services or systems that affect our receipt of your advertisement or the publication of your advertisement.
- We exclude all implied conditions and warranties from these Terms and Conditions, except any condition or warranty (such as those implied by the Trade Practices Act), which cannot be excluded (‘non-excluded conditions’). We limit our liability for: breach of any non-excluded condition (to the extent that liability for such breach can be limited); and any other error or omission in publishing caused by us; to (at our option) re-supply of the advertising services affected by our breach or payment of the cost of re-supply. Subject to the above, we exclude all other liability to you for any costs, expenses, losses and damages suffered or incurred by you in connection with these Terms and Conditions and any advertisement published by us, whether that liability arises in contract, tort (including by our negligence) or under statute. Without limitation, we will not, in any circumstance, be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.
- We may change these Terms and Conditions at any time without notice to you. Those changes will apply to the provision of advertising services after the date the change becomes effective. You and we will be bound by the Terms and Conditions that are current as at the date of your order.
- These Terms and Conditions, together with your Advertising Agreement Online, represent the entire agreement between you and us in relation to the advertising services and cannot be varied except by agreement in writing signed by one of our authorised officers. No purchase order or document issued by you will vary these Terms and Conditions. We will not be liable for any delay or failure to publish your advertisement that is caused by a factor outside of our reasonable control (including but not limited to any act of God, war, breakdown of a plant, industrial dispute, electricity failure, governmental or legal restraint). We may serve a notice or any court document on you by forwarding them by prepaid post or facsimile to your last known address.
Service Terms and Conditions
Welcome to Desktopmag.com.au (“Service”), an online service of Niche Media Pty Ltd. Your use of the Service will be subject to the terms of this Terms of Service Agreement (TOS). The TOS may change from time to time. Use of service after a change will subject you to the new terms. If you do not agree to these terms do not use the service as violation of the terms can lead to legal liability.
Participation and Conduct
During the term of this Agreement, Desktopmag.com.au grants to you a terminable, at-will, non-exclusive license to use and display the Service, and to download materials available through the Service, all solely for your personal, non-commercial use.
You may not transfer, assign, sub-license, lend, or re-sell the rights granted under this license. You may not link to our site if you sell ads on your site or you charge a subscription fee to use or access your site. No deep linking directly to articles is permitted if you sell ads on your site or you charge a subscription fee to use or access your site. Any use in violation of these limits shall constitute a violation of the terms of this license. Absolutely no framing of our site is permitted.
You may participate in any forums or messaging threads offered through the Service, but you agree not to post any material the content of which (i) is defamatory, libellous, obscene, indecent, abusive, threatening to others, or in violation of any law; or (ii) infringes the copyright, trademark right, or other intellectual property right of any third party. You will be solely responsible for all content that you post on the Service.
You agree to indemnify Niche Media Pty Ltd and its officers and employees from and against all liabilities, judgments, damages, and costs (including attorney’s fees) incurred by any of them that arise out of or are related to the content that you post. Forums and messaging are intended only for the personal use of subscribers, and may not be used for commercial purposes or for organised political activity.
Desktopmag.com.au reserves the right to monitor content posted on the Service, and to modify or remove any messages or postings that it deems, in its sole discretion, to be abusive, defamatory, in violation of the copyright, trademark right, or other intellectual property right of any third party, or otherwise inappropriate for the Service. Desktopmag.com.au also reserves the right to edit or modify any submissions in response to requests for feedback, Letters to the Editor, or other commentary. Notwithstanding the foregoing, Desktopmag.com.au is not obligated to take any such actions, and will not be responsible or liable for content posted by any subscriber in any forum, message board, or other area within the Service.
Copyright and Trademarks
The Service is the personal property of Niche Media Pty Ltd. Niche Media Pty Ltd retains the right to bar any individual or entity from the Service. Accessing the Service after being barred shall constitute an act of trespass. The Service and all materials published therein, including but not limited to articles, graphical images, interactive applications, audio clips, and video clips and PDF files (collectively, the “Content”), are protected by copyright and are owned by Desktopmag.com.au, Niche Media Pty Ltd or its licensors. You may not modify the Content or re-publish, re-transmit, or otherwise distribute directly or via links any Content to any third person except for your personal, non-commercial use, as permitted by the license granted above. It is understood that some of the content appearing on the site is news and as such releases are not obtained from individuals or entities for the use of the name, likeness, or trademarks. It is your sole obligation to a) determine if your uses require releases or permission, and b) to obtain the necessary releases.
Desktopmag.com.au and respective logos are trademarks of International Data Group, Inc. and used under licence by Niche Media Pty Ltd. All other trademarks on the Service are the property of their respective holders.
Purchase of Products And Downloading of Software
You may have the opportunity to order or receive merchandise and services, and to download Software (collectively “Products”) through the Site directly or through links on the Site. All Products (unless otherwise noted as owned or offered by Desktopmag.com.au) are provided by third-party vendors (“Vendors”) pursuant to agreements, licenses or other arrangements between that Vendor and you. All aspects of your transactions regarding the Products, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the applicable Vendor. Your rights and remedies with respect to such transactions shall be solely against the applicable Vendor and any questions, complaints or claims related to any Product should be directed to that Vendor.
By using the Site you acknowledge and agree that Niche Media Pty Ltd and its affiliates shall have no liability for any cost, damage or harm arising directly or indirectly in connection with any of the Products ordered or received through this Site or through links on this Site or from any action or inaction of any Vendor.
You may have the option to purchase Products over this Site using a credit card by sending that information over the internet. Neither Niche Media Pty Ltd nor any Vendor can guarantee that any encryption technology will operate as intended or that a third party will not be able to access such information. If you have any concerns about sending such information over the Internet, you should use an alternative means of payment. By sending any sensitive information over the Internet in connection with your use of this Site, you agree that neither Niche Media Pty Ltd nor any Vendor will have any liability if the applicable encryption technology fails to protect your information.
Intellectual Property Infringement Claims
It is the policy of Niche Media Pty Ltd to respond expeditiously to claims of intellectual property infringement. Niche Media Pty Ltd will promptly process and investigate notices of alleged infringement and will take appropriate actions under the relevant Act and other applicable intellectual property laws, up to and including blocking or removing the offending content. Niche Media Pty Ltd will terminate access for subscribers and account holders who are repeat infringers.
Please direct any notices of claimed copyright infringement to firstname.lastname@example.org or the person or entity at the addresses and telephone number below:
Niche Media Pty Ltd
142 Dorcas Street
VIC 3205 AUSTRALIA
All requests for licensing, reprints, linking and other usage of material on Desktopmag.com.au should be addressed to email@example.com. We will review your request, and provide you with an approval or rejection as soon as we have evaluated the request. We will attempt to approve or disapprove within 24 hours of each request.
Exclusions of Warranty and Liability
The Service and any executable programs and other materials provided through the service are provided “as is” and without warranty of any kind, and all express or implied warranties are hereby excluded, including, without limitation, the warranties of merchantability and fitness for a particular purpose. Niche Media Pty Ltd does not warrant that the service or any materials obtained through the service are virus-free. If you download executable programs from the service, the entire risk as to the results and performance of such programs is assumed by you. Niche Media Pty Ltd is not responsible for the accuracy of or errors or omissions in any such programs, and Niche Media Pty Ltd does not warrant that the operation of any such programs will be uninterrupted or error-free, or that any defects in any such programs will be corrected. Niche Media Pty Ltd does not warrant that the content of its stories will be error free.
Niche Media Pty Ltd will not be liable for any direct, indirect, special, incidental, or consequential damages (including, without limitation, damages resulting from lost profits or revenue; loss of use of or reliance on the service, information provided or of any executable programs; loss of use of data or equipment; or other similar damages) arising out of the use or inability to use the service or any executable program obtained through the service, even if Niche Media Pty Ltd has been advised of the likelihood of such damages. In no event shall Niche Media Pty Ltd is total liability to you for all damages, losses and causes of action (whether in contract, tort, or otherwise) relating to the service exceed AUD$100.
The site may contain links to other websites that are owned and operated by third parties. You acknowledge that Niche Media Pty Ltd is not responsible for the accuracy, content, or availability of information accessed or linked to through the site, nor does the inclusion of any such link imply endorsement by Niche Media Pty Ltd of that website.
The site includes content concerning products, including product descriptions, usage information and reviews. All such material is provided for informational purposes only and does not imply any endorsement of any particular product or affiliation with any particular vendor. You acknowledge that you are solely responsible for determining what, if any, products are suitable for your purposes and for any loss, liability, damage or costs you may suffer as a result of any purchases you make.
Niche Media Pty Ltd may give notice to you through general posting on the Service, through postal notification, or through e-mail notification, in its sole discretion. You may give notice to Niche Media Pty Ltd by postal mail to:
Niche Media Pty Ltd
142 Dorcas Street
VIC 3205 AUSTRALIA
Niche Media Pty Ltd reserves the right, in its sole discretion, to restrict or block the access of any subscriber to the Service, or any section thereof.
Any failure by Niche Media Pty Ltd to enforce any provision of this Agreement shall not be construed as a continuing waiver of any rights under such provision. In the event that any portion of this Agreement is held unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.
In the event you breach the terms of this license, or if, any claims are made against Niche Media Pty Ltd (its employees, officers or directors resulting from your actions) you shall be liable to Niche Media Pty Ltd for all damages, costs, judgements, expenses (including reasonable legal fees) which it incurs. This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, as applied to contracts entered into and performed within the State of Victoria, Australia. You agree to grant jurisdiction over yourself to the courts of the State of Victoria, Australia, and designate it as the forum for resolution of all disputes arising under this Agreement.
This Agreement states the entire agreement between the parties with respect to the Service, and all prior or contemporaneous agreements are merged herein and superseded hereby.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.