MEDIA PTY LTD
TERMS AND CONDITIONS
These terms ('Terms') apply to all advertising services provided to any
person ('Customer') by Local Media Pty Ltd, ABN 67 096 680 063, or any
of its subsidiaries (all of which are referred to as 'Local'). All
Advertising is accepted subject to the conditions set out in these
Publishers' Conditions, the current Rate Card, the booking docket, and
the invoices/statements raised from time to time.
1. Publication of Advertising
1.1 Subject to these Terms, Local 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 and requests of the Customer. 'Advertising' includes images
submitted for publication.
1.2 Local may, in its discretion and without further cost to the
Customer, re-publish Advertising in other Local publications and media.
For example, Local may publish print Advertising on-line, or vice-versa.
Customer warrants Local is entitled to publish the Advertising anywhere
in the world in any medium. The Customer releases and indemnifies the
publisher of the relevant website in relation to any claims relating to
or arising from the inclusion of Advertising on such website.
2. Right to Refuse or Withdraw Advertising
2.1 Neither these Terms nor any written or verbal quotation by Local
represent an offer to publish Advertising. A binding contract in
relation to a request for Advertising will only be formed between Local
and a Customer when Local accepts the Advertising in writing or
generates a GST-compliant invoice for that Advertising.
2.2 Even if a contract has been formed in accordance with the above
clause, Local 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 Local).
3. Right to Vary Format and Placement
3.1 Local 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 print Advertising (including but not limited
to changing a format from colour to black and white).
3.2 Local will not be liable for any costs, expenses, losses or damages
suffered or incurred by a Customer arising from Local's failure to
publishing Advertising in accordance with a Customer's Request.
4. Submission of Advertising
4.1 Customer WARRANTS to Local that the Advertising does not breach or
(a) the Trade Practices Act (Cth), Fair Trading Acts (State) or
(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 (Cth); or
(f) 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).
4.2 Customer WARRANTS to Local that the contents of each and every such
Advertisement are true and correct in all aspects, are not misleading or
deceptive or otherwise in breach of the Trade Practices Act 1974, comply
with all laws and regulations and contain no prohibited or illegal
statements and INDEMNIFY Local, its employees and agents against all
demands, claims, costs, interest or proceedings whatsoever arising from
the publication, and without limiting the generality of the foregoing,
such indemnity extends to any demand, claim or proceeding against local
in relation to defamation, injurious falsehood, slander of title, breach
of copyright, infringement of trademark or names of publication titles,
unfair competition or trade practices, royalties or violation of right
4.3 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.
4.4 Customer warrants that any Advertising of a financial service
complies with the relevant legislation and its publication by Local does
not give rise to any breach by Local under that legislation.
4.5 The Customer must not submit Advertising for publication that
contains contact details for the Customer if those contact details do
not include the full name and street address of the Customer. Post
office box and e-mail addresses alone are insufficient.
4.6 If, in Local's opinion, a Customer submits Advertising that looks
like editorial material, Local may publish the Advertising under the
heading 'Advertisement' or 'Marketing Feature' or similar heading and
with a border distinguishing it from nearby editorial.
4.7 The Customer must collect Advertising material, including but not
limited to illustrations, artwork and computer media, submitted to Local
immediately after publication. Local 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 Local's negligence). No responsibility will be accepted for
material not collected by the Customer or agency within seven days from
the publication. The Customer and its agent acknowledge that Local
accepts no liability for failing to return any submitted Advertising
4.8 If the Customer submits Advertising material electronically, the
material must comply with Local's specifications. Local may reject the
Advertising material if its is not submitted in accordance with such
4.9 The Customer acknowledges Local imposes a deadline for booking
advertising space ('the Booking Deadline') and a deadline by which
advertisers must submit material ('the Material Deadline'). The Customer
agrees to pay Local the full cost for any order for publication or space
booked when advertising material and/pr artwork is received by Local
after the Material Deadline. The Customer acknowledges that it is its
responsibility to ascertain for the specific Local publication the
Booking Deadline and Material Deadline, either of which may be changed
from time to time without notice.
5. Classified and Display Advertising
5.1 Local will publish Classified Advertising under the classification
heading that it reasonably believes is most appropriate. Classified
Advertising headings are for the convenience of readers and are
determined at the discretion of Local.
5.2 Local will published classified display Advertising sorted by
alphabetical caption and, where space permits, with related line
5.3 The positioning and colour of Advertising will be at the discretion
of Local. without limiting this discretion, where special arrangements
and payment of appropriate loading charges are agreed to, Local will
make every endeavour to position Advertising as agreed. Special
placements are subject to space availability at the time of printing.
Any liability of Local for publishing Advertising not in accordance with
the Customer's position or colour request will be limited to crediting
the Customer for the loading charges or colouring loading paid for such
6. Online Advertising
6.1 For online banner and display Advertising, the Customer must:
(a) confirm the Advertising at least 30 days before the Advertising is
scheduled to paper, by submitting a signed 'Advertising Confirmation'
form to Local;
(b) cancel online Advertising in writing at least 30 days before the
Advertising is scheduled to appear. Local reserves the right to charge
the Customer for online Advertising cancelled on less than 30 days
(c) submit creative materials and a click-through-URL to Local at least
three working days (five working days for non-GIF material) before the
Advertising is scheduled to appear.
6.2 All online Advertising (including rich media) must comply with
Local's advertising specifications, which are available on request.
6.3 Local is not liable for any loss, damages or liabilities arising
from a failure of the World Wide Web or any telecommunications
6.4 Customer acknowledges that Local may at its discretion include
additional features or inclusions such as third party advertisements
within online classified Advertising.
7.1 The Customer must promptly:
(a) check proofs of Advertising provided to the Customer by Local,
although there is no agreement to provide proofs to Customers on
discounted price structure advertisements; and
(b) notify local of any errors in the proofs of any Advertising, prior
to the specified deadline.
7.2 Local does not accept responsibility for an errors in print
Advertising placed over the telephone;
7.3 Local does not accept responsibility for any errors in Advertising
material received electronically;
7.4 If a Customer wishes to make a claim on Local in respect of
Advertising, the Customer must send the claim in writing to Local no
later than 7 days after the date of the publication of the Advertising.
If Local fails to publish Advertising, publishes Advertising not in
accordance with the Customer's instruction, publishes Advertising which
contains errors or omissions, fails to publish Advertising in an agreed
position, or publishes or distributes Advertising late, the Customer
agrees, even if the Errors result from the negligence of Local's
employees and agents, Local's liability shall be limited to the
publication of the advertisement (with any necessary correction) in a
convenient Local newspaper and shall not extend to any consequential
losses or damages suffered by the Customer arising from the Errors.
7.5 Local will only investigate complaints during normal office hours
(9am to 5pm, Monday to Friday excluding public holidays).
8. Advertising Rates and Taxes
8.1 The Customer must pay for Advertising in accordance with the rates
in Local's Rate Card (and, unless otherwise agreed, at the Casual or
Base Rate). The rates in the Rate Card may be:
(a) may be varied at any time by Local without notice; and
(b) are exclusive of taxes, duties or GST ('Taxes'), unless the Rate
Card specifies that GST or other Taxes are included.
8.2 Local may negotiate rates for Advertising, or the provision of other
goods and services; otherwise, casual rates will be charged.
8.3 The Customer may pay an additional amount equal to any Taxes payable
by Local in respect of Advertising. Local will provide Customers with a
Tax Invoice or Adjustment Note (as applicable) in a compliant form for
9.1 Local may grant, deny or withdraw credit to a Customer at any time
in its discretion.
9.2 The Customer must ensure that its Customer account number, and any
authorisation devices, are available only to those of its
employees/agents authorised to use it. The Customer acknowledges that it
will be liable for all Advertising requested with the quotation of the
10.1 The Customer must pay for Advertising by pre-payment. The Customer
may pre-pay by providing current Credit Card account, security numbers
and expiry details. The Customer agrees that Local will keep these
details on file, and may charge subsequent Advertising to these Credit
Card accounts. The Customer may alternatively pay by cheque, which the
Customer warrants will be cleared immediately. The Customer warrants to
also immediately pay all Local's additional bank, taxes, courier and
administration charges for any dishonoured and declined charges.
10.2 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 the greater;
(b) the full price for Advertising notwithstanding:
(i) the fact that Local has exercised its right to vary the format or
placement of the Advertising; and
(ii) any error or omission in the Advertising.
11. Failure to Pay and other Breach
11.1 If a Customer fails to pay for Advertising in accordance with
Clause 10 or if a Customer suffers an Insolvency Event as defined in
Clause 11.2, Local 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 of 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
Local to recover amounts owed for Advertising, including without
limitation any mercantile agency costs and legal costs on a full
(f) cease publication of any further Advertising on behalf of the
Customer and terminate any agreement in relation to Advertising not yet
(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
(b) the Customer is a body corporate and the Customer:
(i) cannot pay its debts as and when they fall due;
(ii) enters into any arrangement with its 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) a receiver, manager, liquidator or administrator is appointed to
any of its property or assets; or
(v) any petition is presented for the winding up of the Customer.
11.3 Local reserves the right to withhold any discounts or rebates if
the Customer fails to comply with its payment obligations.
11.4 A written statement of debt duly signed by an authorised employee
of Local shall be prima facie evidence and proof of the amount owed by
the Customer to Local.
12.1 The Customer acknowledges that it has not relied on any advice or
representation made by or on behalf of Local in connection with the
12.2 The Customer specifically acknowledges that it has not relied on
any representations or claims in respect to readership, circulation,
distribution, sales or any other statistic.
12.2 Local 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').
12.3 Local limits its liability:
(a) for breach for 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
Local, to (at Local's option), re-supply of the Advertising services
affected by the breach, or payment of the cost of re-supply.
12.4 Subject to Clauses 12.2 and 12.3, Local 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
Advertising published by Local, whether that liability arises in
contract, tort (including by Local's negligence) or under statute.
Without limitation, Local will in no circumstances be liable for any
indirect or consequential losses, including loss of profits, loss of
revenue or loss of business opportunity.
12.5 The Customer indemnifies Local 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
13.1 Local collects a Customer's personal information to provide the
Advertising services to the Customer and for invoicing purposes. Local
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, Local may
disclose personal information to debt collection agencies to recover the
13.2 Customers may gain access to their personal information by writing
to the Local Privacy Officer at PO Box 1014, Research, Vic 3095. More
information about privacy and accessing personal information is in
14.1 These Terms represent the entire agreement of the Customer and
Local in relation to Advertising and cannot be varied except in writing
by an authorised officer of Local, notwithstanding anything said prior
to or at the time of acceptance of Advertising. No purchase order or
other document issued by the Customer will vary these Terms.
14.2 Local will not be liable for any delay or failure to publish
Advertising caused by a factor outside Local's reasonable control
(including but not limited to any Act of God, war, breakdown of plant,
industrial dispute, electricity failure, governmental or legal
14.3 Local may serve 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.
14.4 These Terms are governed by the laws of the state of Victoria,
Australia. Each party submits to the non-exclusive jurisdiction of the
Courts of Victoria, Australia.
by Yea Newspapers, a division of Local Media Pty Ltd
67 096 680 063
Office: 30 Glen Gully Road, Eltham, Vic 3095
(03) 5797 2656 or 1800 231 311. Fax: 1800 231 312.
Phone: +61 3 5797 2656. Fax: +61 3 9431 6247
Yea, Victoria, Australia.
your Free Ad, 24/7.
items for private sale can be advertised free in The Local Paper.
fees, no commissions, no charges whatsoever.
the ONLINE FORM.
Free Ads are available for private/non-commercial advertisements. They
are published at the sole discretion of the Editor.
can lodge as many free 40-word Free Ads as you like. Free Ads are
usually published for four editions.
Free Ads will be accepted by telephone.
Terms and Conditions apply (see more at left).