Classified advert terms & conditions

Please Note : In the interests of public safety you should carefully consider whether or not to invite anyone who places an ad on Portmac.news to meet with you privately or come to your home - always go to the seller.

To avoid problems the police advice that you meet with sellers either at their premises or in a very public and a well lit place. Never meet a seller alone, always have someone accompany you. Another thing to keep in mind is never to carry large amounts of cash, you will be an easy target this way. If someone places an ad on Portmac.news and wants to be paid in cash and will meet you somewhere to complete the deal, that is a recipe for disaster.

CLASSIFIED ADVERTS TERMS & CONDITIONS

These terms apply to all advertising provided to any person (“Member“) by Portmac.news. Member includes an advertiser on whose behalf Advertising is placed and any media company or agency that arranges the Advertising for its clients.

1. Publication of Advertising

1.1 Subject to these Terms, Portmac.news will use its reasonable endeavours to publish advertising (“Advertising“) in the format and in the position agreed with the Member. “Advertising” includes images submitted for publication and content or information relating to published Advertisements.

1.2 Member grants Portmac.news a worldwide, royalty-free, non-exclusive, irrevocable licence to publish, and to sub-licence the publication of, the Advertising in any form or medium, including print, online or other. Member warrants that it is authorised to grant Portmac.news the licence in this clause 1.

2. Right to Refuse Advertising

2.1 Neither these Terms nor any written or verbal quotation by Portmac.news represents an agreement to publish Advertising. An agreement will only be formed between Portmac.news and Member when Portmac.news accepts the Advertising in writing or generates a tax invoice for that Advertising.

2.2 Portmac.news 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 Portmac.news).

3. Right to vary Format, Placement or Distribution

3.1 Portmac.news will use reasonable efforts to publish Advertising in the format and in the position requested by the Member. However, Portmac.news reserves the right to vary the placement of Advertising within a title or website or to change the format of Advertising (including changing colour to black and white).

3.2 Portmac.news may distribute interstate or regional editions of a title without all inserts or classified sections.

3.3 Except in accordance with clause 12, Portmac.news will not be liable for any loss or damage incurred by a Member arising from Portmac.news”s failure to publish Advertising in accordance with a Member”s request.

3.4 If Portmac.news changes the press configuration for a publication, Portmac.news reserves the right to shrink or enlarge the Advertising by up to 10% without notice to Member or any change to rates.

4. Submission of Advertising

4.1 Member warrants to Portmac.news that the publication of the Advertising does not breach or infringe:

(a) the Competition and Consumer Act (Cth) or equivalent State legislation;

(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 privacy legislation or anti-discrimination legislation;

(e) any financial services law as defined in the Corporations Act 2001 (Cth); or

(f) any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory).

4.2 Member warrants that if Advertising 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 Member has obtained the authority of that person to make use of his/her name or representation or the copy.

4.3 Advertising containing contact details for the Member must contain the full name and street address of the Member. Post office box and email addresses alone are insufficient.

4.4 If a Member submits Advertising that looks, in Portmac.news”s opinion, like editorial material, Portmac.news may publish the Advertising under the heading “Advertising” with a border distinguishing it from editorial.

4.5 Portmac.news will not be responsible for any loss or damage to any Advertising material left in its control.

4.6 Advertising submitted electronically must comply with Portmac.news”s specifications. Portmac.news may reject the Advertising material if it is not submitted in accordance with such specifications.

4.7 If Member is a corporation and the Advertising contains the price for consumer goods or services, Member warrants that the Advertising complies with the component pricing provisions of the Competition and Consumer Act (Cth) and contains, as a single price, the minimum total price to the extent quantifiable at time of the Advertising.

4.9 Member must not resell Advertising space to any third party without Portmac.news”s consent.

4.10 If Advertising promotes a competition or trade promotion, Member warrants it has obtained all relevant permits and indemnifies Portmac.news against any loss in connection with the Advertising.

5. Classified Advertising

5.1 Portmac.news will publish classified Advertising under the classification heading it determines is most appropriate. These headings are for the convenience of readers. Portmac.news will publish classified display Advertising sorted by alphabetical caption and, where space permits, with related line Advertising.

6. Online Advertising

6.1 For online banner and display Advertising, Member must submit creative materials and a clickthrough URL to Portmac.news at least 3 working days (5 working days for non-gif material) or within such other deadline advised by Portmac.news at its discretion before publication date. Portmac.news may charge Member for online Advertising cancelled on less than 30 days notice or if creative materials are not submitted in accordance with this clause 6.1.

6.2 All online Advertising (including rich media) must comply with Portmac.news”s advertising specifications.

6.3 Portmac.news will measure online display and banner Advertising (including impressions delivered and clicks achieved) through its ad-serving systems. Results from Member or third party ad-servers will not be accepted for the purposes of Portmac.news”s billing and assessment of Advertising.

6.4 Portmac.news is not liable for loss or damage from an internet or telecommunications failure.

6.5 Member acknowledges that Portmac.news may at its discretion include additional features or inclusions such as third party advertisements within online classified Advertising.

7. Errors

7.1 Member must promptly check proofs of Advertising (if provided to the Member by Portmac.news) and notify Portmac.news of any errors in the proofs or in published Advertising.

7.2 Portmac.news does not accept responsibility for any errors submitted by the Member or its agent, including errors in Advertising placed over the telephone.

7.3 Member must send any claim for credit or republication in writing to Portmac.news no later than 7 days after the date of publication of the Advertising.

8. Advertising Rates and GST

8.1 Most Portmac.news classified advertising is free to Members. Specific types of advertising may inure a cost. The Member must pay for any such Advertising, unless otherwise agreed, at the casual ratecard rate. Ratecard rates may be varied at any time by Portmac.news without notice. Member must pay GST at the time it pays for Advertising. Portmac.news will provide a tax invoice or adjustment note (as applicable).

8.2 Eligibility for discounts or rebates will be based on the Member”s GST-exclusive advertising spend.

9. Credit and Member Accounts

9.1 Portmac.news may grant, deny or withdraw credit to a Member at any time in its discretion. Member must ensure that its Member account number is available only to those employees authorised to use it. Member acknowledges it will be liable for all Advertising placed under Member”s account number.

10. Payment

10.1 The Member must pre-pay for Advertising if required by Portmac.news. If Advertising is on account, payment must be within 7 days of date of the invoice or, for certain Rural Press publications, within 21 days of the end of the month in which the invoice is issued. If a commercial account has been established with Portmac.news, payment must be within 30 days of invoice date.

10.2 If Member fails to provide the copy for a booking by publication deadline, Member will be charged unless a cancellation is approved by Portmac.news. If Portmac.news accepts Advertising after the deadline, it will be deemed out of specification. Member has no claim against Portmac.news for credit, republication or otherremedy for out of specification Advertising.

10.3 Member must pay the full price for Advertising even if Portmac.news varied the format or placement of the Advertising or if there is an error in the Advertising, unless the error was Portmac.news”s fault. Member must pay its electronic transmission costs.

11. Failure to Pay and Other Breach

11.1 If Member breaches these terms, fails to pay for Advertising or suffers an Insolvency Event (defined in clause 11.2), Portmac.news may (in its discretion and without limitation):

(a) cancel any provision of credit to Member;

(b) require cash pre-payment for further Advertising;

(c) charge interest on all overdue amounts at the rate 2% above the NAB Overdraft Base Rate;

(d) take proceedings against the Member for any outstanding amounts;

(e) recover Portmac.news”s costs including mercantile agency and legal costs on a full indemnity basis;

(f) cease publication of further Advertising or terminate an agreement for Advertising not published;

(g) exercise any other rights at law.

11.2 A Member suffers an “Insolvency Event” if:

(a) Member is a natural person and commits an act of bankruptcy; or

(b) Member is a body corporate and cannot pay its debts as and when they fall due or enters an arrangement with its creditors other than in the ordinary course of business or passes a resolution for administration, winding up or liquidation (other than for the purposes of reorganisation or reconstruction); or has a receiver, manager, liquidator or administrator appointed to any of its property or assets or has a petition presented for its winding up.

11.3 Portmac.news may withhold any discounts or rebates if Member fails to comply with its payment obligations.

11.4 A written statement of debt signed by an authorised employee of Portmac.news is evidence of the amount owed by the Member to Portmac.news.

12. Liability

12.1 The Member acknowledges that it has not relied on any advice given or representation made by or on behalf of Portmac.news in connection with the Advertising.

12.2 Portmac.news excludes all implied conditions and warranties from these terms, except any condition or warranty (such as conditions and warranties implied by the Competition and Consumer Actand equivalent State acts) which cannot by law be excluded (“Non-excludable Condition“).

12.3 Portmac.news limits its liability for breach of any Non-Excludable Condition (to the extent such liability can be limited) and for any other error in published Advertising caused by Portmac.news to the re-supply of the Advertising or payment of the cost of re-supply (at Portmac.news”s option).

12.4 Subject to clauses 12.2 and 12.3, Portmac.news excludes all other liability to the Member for any costs, expenses, losses and damages incurred in relation to Advertising published by Portmac.news, whether that liability arises in contract, tort (including by Portmac.news”s negligence) or under statute. Without limitation, Portmac.news will in no circumstances be liable for any indirect or consequential losses, loss of profits, loss of revenue or loss of business opportunity.

12.5 The Member indemnifies Portmac.news 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 Member”s breach of these Terms and any negligent or unlawful act or omission of the Member in connection with the Advertising.

13. Privacy

13.1 Portmac.news collects a Member’s personal information to provide the Advertising to the Member and for invoicing purposes. Portmac.news may disclose this personal information to its related bodies corporate, to credit reporting agencies and other third parties as part of provision of the Advertising and for overdue accounts, to debt collection agencies to recover amounts owing.

13.2 Portmac.news provides some published Advertising to third party service providers. Where such Advertising contains personal information, Member consents to the disclosure of their personal information in the advertising to third parties and to the personal information being republished by a third party.

14. Confidentiality

14.1 Each party will treat as confidential, and will procure that its advertising agents, other agents, and contractors (“Agents“) treat as confidential and will not disclose, unless disclosure is required by law:

(a) the terms of this Agreement (including terms relating to volumes and pricing);

(b) information generated for the performance of this Agreement, including all data relating to advertising schedules, budgets, forecasts, booked advertising, prices or volumes;

(c) any other information that ought in good faith to be treated as confidential given the circumstances of disclosure or the nature of the information;

(d) any information derived wholly or partly for any information referred to in (a) to

(c) above;

Each party agrees to take all reasonable precautions to prevent any unauthorised use, disclosure, publication or dissemination of the confidential information by or on behalf of itself or any third party.

15. General

15.1 These Terms, with any other written agreement, represent the entire agreement of the Member and Portmac.news for Advertising. They can only be varied in writing by an authorised officer of Portmac.news. No purchase order or other document issued by the Member will vary these Terms.

15.2 Portmac.news will not be liable for any delay or failure to publish Advertising caused by a factor outside Portmac.news”s reasonable control (including but not limited to any act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).

15.3 Portmac.news may serve notice on Member by post or fax to the last known address of the Member.

15.4 These Terms are governed by the laws of the State in which the billing company for the Advertising is located and each party submits to the non-exclusive jurisdiction of that State.

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