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A Note to Advertisers

MTA NSW is mindful of its obligations as a publisher and disseminator of information to the motor trades industry and to the public. In relation to MTA’s Standard Terms and Conditions for Advertising between MTA NSW and advertisers placing orders for advertising in the MTA Magazine, MTA NSW in particular draws your attention to Clause 8 – Responsibility for Advertisers and Content.

Consequently, where any advertising material includes data or makes representations (including claims concerning technical attributes or performance of the subject matter of the advertisement) the advertiser must comply in every particular with the matters set out in Clause 8.

Severe penalties apply to persons engaged in misleading and deceptive conduct under Australian Consumer Law and to those persons knowingly concerned in a contravention of the Law. In addition, fraudulent conduct carries severe penalties under both the criminal and civil law.

MTA NSW as a publisher, has a duty of care to ensure that all material it places in its publications complies with all statutory laws and common law.    

MTA therefore advises that where any advertising material does not comply with the requirements of Clause 8, MTA NSW will not accept the advertising material for publication. Where advertising material contains claims concerning product’s performance, and those claims may be disputed, the material should be accompanied by independent third-party verification from a technical agency acceptable to MTA NSW, or equivalent supporting evidence for the claims.

MTA NSW is pleased to discuss the requirements of Clause 8 in addition to the other terms and conditions contained in the agreement.

1.    ORDERS FOR ADVERTISEMENTS OR CONTENT INTEGRATION All bookings, orders or other requests by the Advertiser for advertising are governed by these Standard Terms and Conditions for Advertisers. No other conditions, provisions or terms of any sort appearing in any documents or communications made in connection with any order, including without limitation those contained on or accompanying any cheques or other forms of payment, will be binding on the Publisher whether in conflict with or in addition to these Standard Terms and Conditions for Advertisers. Orders which quote rates other than the Publisher’s then current published rates will not be binding on the Publisher (unless approved by the Publisher in writing), and will be deemed requests for advertising on the terms of this Advertising Agreement at Publisher’s then current rates. All orders are binding on the Advertiser and cannot be cancelled after thirty (30) days prior to first scheduled publication or integration (except as provided below under paragraph 4). The Advertiser may not resell, assign or transfer any order for advertisements. The Publisher may require the Advertiser to submit an Advertiser’s Application for Credit in which case the Publisher will not be required to fulfil any of its obligations under this Advertising Agreement until such documentation has been properly executed by the Advertiser, submitted to, and approved by, the Publisher.

2.    ACCEPTANCE Any offer by the Publisher to publish advertisements for the Advertiser is made on these Standard Terms and Conditions for Advertisers only, and the placement or other communication of an order for advertising or will constitute the Advertiser’s unconditional acceptance of these Standard Terms and Conditions for Advertisers. The Publisher reserves the right to reject or cancel any advertising at any time in its sole discretion (including at any time after the commencement date). Any failure by the Publisher to publish any requested advertisement will be deemed to constitute a rejection of the order for such advertisement, but does not constitute a breach of contract or otherwise entitle the Advertiser to any legal remedy.

3.    RATE CARD All of the Publisher’s advertising and production rates are subject to change at the Publisher’s sole discretion. The Publisher will use its commercially reasonable efforts to announce all advertising and production rate changes at least thirty (30) days in advance of their effective date. In the event the Publisher makes a rate change in respect of a period (or any portion thereof) for which the Advertiser has placed an order for advertising with the Publisher and upon subsequent notice to the Publisher by the Advertiser that the Advertiser wishes to cancel its order (or relevant portion) due to such rate change, the Publisher will have the option of either: i) allowing the Advertiser to cancel that portion of its order affected by the rate change in which case the order will be cancelled within thirty (30) days of receipt by the Publisher of the relevant notice from the Advertiser, or ii) acknowledging that the lower rate will apply for the remainder of the then current term of the Advertising Agreement after which time, if the agreement is extended or renewed, all rates will be adjusted in accordance with the Publisher’s then current advertising and production rates and amended thereafter as notified by the Publisher from time to time.

4.    CANCELLATION If so stated on the order form the Advertiser may cancel repeats up to and including two weeks in advance of Publication Deadline. Cancellations by mail must be received prior to the closing date.

5.    IDENTIFICATION OF ADVERTISER The sponsor of every advertisement must be identified by product or company.

6.    MODIFICATION BY EDITOR All advertising matter will be subject to the approval of the Editor of the magazine. All accepted advertisements are subject to the Editor’s approval in every respect of imperfect material supplied in accordance with the mechanical specifications. The cost to the Publisher of making good any such imperfect material shall be a debt due and payable by the Advertiser to the Publisher on demand.

7.    CONTENT, MATERIAL AND INSERTIONS The Advertiser must submit to the Publisher all finalised advertising material on or before the date as specified in the production deadlines. The Advertiser shall supply the publisher, from time to time and in ample time, the necessary schedules of insertions and which are subject to the right rejection and modification on the part of the publisher. Insertions are to be in accordance with such schedules. Changes of copy must be in the hands of the Publisher as per copy deadlines on Rate Card, otherwise standing advertisement will be repeated. If any copy, insert or other material is late the Publisher, in its absolute discretion, may repeat copy on hand, proceed without the insert or advertisement, or delay publication. Any cost incurred by the Publisher as a result of such a delay shall be a debt due and payable by the Advertiser to the Publisher. If the publication proceeds without the copy, insert or material as the case may be, the Advertiser remains liable to the Publisher for all amounts payable under the Advertising Agreement. Advertising matter must be collected by the Advertiser immediately after use. The Publisher shall not be held responsible for material not picked up by the Advertiser within 14 days after the appearance of the last scheduled advertisement.

8.    RESPONSIBILITY FOR ADVERTISEMENTS AND CONTENT The Advertiser represents and warrants to the Publisher that it is fully authorised to publish the entire contents and subject matter of all advertisements submitted to the Publisher (including, without limitation, all text, graphics, icons, photographs, materials provided to the Publisher for production purposes), and that all such contents and subject matter will comply with all applicable laws, regulations and relevant industry codes. If the relevant advertisement or content includes any information on a competition or promotion, the Advertiser: i) acknowledges and agrees that the Publisher is not the promoter, ii) will ensure that the advertisement does not imply that the Publisher is the promoter, iii) and iv) will ensure that all applicable permits have been obtained, and all applicable regulations governing the conduct of the relevant competition/promotion have been complied with. The Advertiser agrees unconditionally to indemnify the Publisher and hold the Publisher harmless (including all of its officers, agents, employees and affiliates) from and against any and all loss, damage, liability and expense (including all reasonable legal fees) suffered or incurred by reason of any claims, proceedings or suits based on or arising out the publication of, or any act or omission in relation to, the advertisements or content, including but not limited to claims related to defamation, contempt of court, rights of publicity and/or privacy, copyright infringement, trade mark infringement, misleading or deceptive conduct and any failure to comply with or fulfil any representations, warranties or agreements made in the relevant advertisement in the relevant advertisement or any object in such advertisement.

9.    POSITIONING AND STYLE All order provisions regarding positioning of advertisements will be treated as requests which will be fulfilled at the Publisher’s sole discretion. Advertisements that simulate the Publisher’s editorial matter in appearance or style, or that are not readily identifiable as advertisements, are not acceptable. The Publisher may in its sole discretion label any advertisement as an ‘advertisement’ for clarification and may stipulate other conditions to ensure that it is clear that the advertisement is not the Publisher’s editorial matter.

10.    NO REPRESENTATIONS OR WARRANTIES; NO DAMAGES The provisions of this paragraph are subject to the terms of the following paragraph regarding Australian consumer warranties. Any of the Publisher’s services which are the subject of these Standard Terms and Conditions for Advertisers are provided without warranties of any nature, and the Publisher disclaims all warranties, express or implied, including without limitation any implied warranties of merchantability and fitness for a particular purpose. In no event will the Publisher be liable for any form of loss, damage, liability or expense whatsoever including but not limited to consequential, indirect, incidental, or special damages, damages for loss of profits, business interruption, loss of or unauthorised access to information, and the like, even if the Publisher has been advised of the possibility of such damages. For the avoidance of doubt, the Publisher will not be liable to the Advertiser for any form of loss or damage whatsoever arising from any discrepancy, fault or malfunction of any third party. In no event will the Publisher be liable to the Advertiser for an amount in excess of the total dollar amount actually received by the Publisher from the Advertiser for the relevant advertisement(s) or integrated content. The Advertiser acknowledges that the Publisher has not made any warranties in respect of any advertisement or the use of statistics. The Advertiser is not entitled to any reduction in fees due to the Publisher achieving a level of page during the relevant period which is lower than that set out in the media kit. All statistics not expressly set out in this Advertising Agreement are excluded.

11.    GST The Advertiser will pay all taxes, duties and other government charges payable or assessed in connection with this Agreement whether applying as at the date of this Agreement or in the future including without limitation goods and services tax, other value added tax, sales or use taxes, stamp duty and turnover tax, but excluding taxes, duties and government charges assessed on the income of the Publisher or its related parties.

12.    AUSTRALIAN CONSUMER WARRANTIES If this Agreement constitutes a supply of goods or services to a consumer as defined in the Australian Trade Practices Act 1974 or relevant legislation in force in Australian States or Territories (‘the Acts’) nothing contained in this Agreement excludes, restricts or modifies any condition, warranty, right or remedy pursuant to which the Acts are applicable or is conferred on the Advertiser where to do so is unlawful, in which event the Publishers’ liability (or the liability of any of its affiliates) for any breach of this Agreement, including any liability for consequential loss which the Advertiser may suffer or incur will be limited as the Publisher may elect in its sole discretion, in the case of services supplied or offered by the Publisher, to either (a) the supplying of the services again; or (b) the payment of the cost of having the services supplied again or, in the case of goods supplied or offered by the Publisher, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.

13.    GENERAL PROVISIONS These Standard Terms and Conditions for Advertisers embody the entire agreement between the parties and supersede all prior and contemporaneous agreements, arrangements and understandings between the parties with respect to its subject matter. All existing advertising agreements between the parties (if any) are by agreement of the parties hereby terminated and of no further legal effect except for any provisions in such agreements which are expressed to survive termination or expiration. Advertiser, provided that the relevant assignee undertakes to perform all of the Publisher’s obligations herein. If any provision of these Standard Terms and Conditions for Advertisers is found invalid or unenforceable pursuant to judicial decree or decision, the remaining provisions will remain valid and enforceable, and the unenforceable provisions will be taken to be modified to the extent necessary to make them enforceable. The Publisher may send electronic mail to the Advertiser for any notices or notifications. All notices to the Publisher relating to any legal claims or matters must be made in writing to IM Advertising .


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