[email protected] | Jan 18, 2019 | 0
Terms and Conditions
RIDE Media (general terms and conditions)
Welcome to the RIDE Media website (“the Site”), which is controlled and owned by RIDE Media Pty Ltd (RIDE Media).
Third Party Content and Links
The Site contains links to other websites outside the Site for your information and convenience. RIDE Media makes no warranty or representation as to the functionality of these links, the security of those sites or the reliability or accuracy of the information contained on these sites. You access any such website entirely at your own risk.
When you submit content to RIDE Media in any format, including any text, photographs, graphics, video or audio, you grant RIDE Media a non-exclusive, royalty-free, perpetual licence to publish, transmit or otherwise use that content in any way, now and in the future. RIDE Media reserves the right not to use the content you submit. You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law. You indemnify RIDE Media against any and all legal fees, damages and other expenses that may be incurred by RIDE Media as a result of a breach of the above warranty. You waive any moral rights in your contribution for the purposes of its submission to and use by RIDE Media in accordance with these terms.
You may have rights under statutory consumer protection laws, including the Competition and Consumer Act 2010 (ACL), which cannot be excluded, restricted, limited or modified. However, RIDE Media excludes all rights, remedies, guarantees, conditions and warranties in respect of goods or services from your use of the Site whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent possible: (a) RIDE Media does not warrant the accuracy of the content on the Site. The content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content on the Site may be changed at RIDE Media’s sole discretion and without notice. (b) RIDE Media will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Site. (c) RIDE Media does not warrant that functions of this Site or which you access through this Site, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected, that there will be no technical problems which prevent or unreasonably delay delivery of the Site or any content which ought to be accessible through the Site, or that News or the server that makes it available, are free of viruses or bugs. (d) Liability of RIDE Media, for any breach of a term or condition implied by law is limited at RIDE Media’s discretion, to the supply of any service again or the payment for the cost of having any service supplied again.
At RIDE Media we are mindful to protect your personal information and to provide a safe and secure website.
The type of information we collect depends upon the product or services we are providing and generally can include name, address, phone number, email address, bank account / credit card and relevant details to enable processing of payments, IP address, as well as interests and details about your transactions.
Information is collected from you directly when you phone/email us or use our online forms.
Use and Disclosure of personal information
We use your personal information for the purpose for which it was initially collected, namely to arrange, conduct and promote our media activities and provide you with requested products and services. We do not disclose your information to any third party for them to use for their own marketing purposes unless we have your permission to do so.
From time to time RIDE Media discloses personal information to companies that we contract to provide services on our behalf. These companies provide services including distributing our magazines, sending our email newsletter, and processing our secure credit card transactions.
RIDE Media will take reasonable steps to protect the personal information we hold from misuse and loss and from unauthorised access, modification or disclosure. Your personal information may be stored in hard copy documents but is generally stored electronically. We store information securely – this includes onsite secure servers and trusted third party storage providers.
RIDE Media and its employees and contractors agree not to disclose Confidential Information to additional third parties; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; and only to use your Confidential Information for the purpose for which it was disclosed by you and not for any other purpose.
Access and Correction
You can access and correct your personal details held by us by contacting:
PO Box 679
Alexandria NSW 2015
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RIDE MEDIA PRINT ADVERTISING TERMS AND CONDITIONS
1. WHEN DO THESE TERMS APPLY?
1.1 These terms will apply to you every time you request publication of advertising or services in any publications owned by RIDE Media Pty Ltd (ABN 33086301742), now referred to as “RIDE”.
1.2 When booking advertising with RIDE, you will be sent a Booking Confirmation which will contain the specific terms that will apply to the publication of your advertising to which you must reply with your acceptance.
1.3 Placement of advertising on any digital media operated by RIDE or its subsidiaries is governed by separate terms and conditions, “RIDE Media Digital Advertising Terms and Conditions”.
2. WHAT RIGHTS DOES RIDE MEDIA HAVE
2.1 All advertising matter is subject to the approval of the publisher who reserves the right to reject any advertising material.
2.2 Advertising material must be supplied as per agreed deadline at time of booking. All advertising material is subject to editorial approval to ensure the material complies with industry standards. This deadline allows advertisers time to amend the material if it does not comply.
2.3 Advertising positions within the publication are entirely at the option of RIDE unless the required positional loading has been paid or otherwise agreed in writing.
2.4 If your advertising is editorial in style, RIDE can add the word “advertising” above or below the advertising.
2.5 No advertisement is accepted on the basis that there will be editorial mention of the advertisers’ goods or services. Dissatisfaction with any editorial content which may appear does not invalidate or impact upon the advertising contract in any way.
3. SPECIFICATIONS AND DEADLINES
3.1 If correct copy and materials are not supplied by the deadline, RIDE is permitted to insert a previously published advertisement, or alternatively, charge the advertiser or his agent for the space booked.
3.2 The Material must be in the form that RIDE requires for the Publication in which the advertising is to be published. If you do not deliver the Material in the required form, RIDE can engage a third party to convert the Material to RIDE’s requirements. You must, within 14 days, pay RIDE for the costs of the conversion, plus a handling fee of 25%.
3.3 You may request for the return of your material from RIDE prior to the publication material deadline. You must pay the expenses incurred by RIDE along with your Fee.
3.4 RIDE can change the on sale date of Publications at any time without notice.
4. PAYING FOR ADVERTISING
4.1 The Booking Confirmation will contain the amount you have to pay for the advertising (Fee). The Fee does not include GST. RIDE will provide you with an invoice stating the Fee and the GST payable.
4.2 Terms of payment are 30 days from receipt of invoice which is issued upon publication. You cannot alter the Fee, even if you feel that the advertising was not placed or published in the manner that you expected.
4.3 Invoices not paid in full by the due date may, at the discretion of RIDE, attract a late payment fee equal to 5% of any balance owing. This amount will be applied where time and expenses to recover monies owed exceed reasonable quantities.
5. AGENCY COMMISSION
5.1 If you are an advertising agent, RIDE may agree that you will get a commission on the Fee, but the commission will only apply if you pay the Fee (less the commission, plus the GST payable) before the invoice due date.
5.2 If you don’t pay the Fee (less the commission) by that date, you cannot claim the commission – you must pay the Fee and the GST payable.
6. HOW CAN I CANCEL ADVERTISING
6.1 If you cancel within 30 days of on-sale date of Publication, you have to pay the Fee. This applies even if you booked the advertising after this cancellation deadline.
7. WARRANTIES FROM YOU
7.1 You warrant to RIDE that your advertising or services:
a) is true and accurate in all respects;
b) does not infringe any rights of any person (such as copyright and trademark rights);
c) does not use the name and image of any person without their consent;
d) is not obscene, indecent or defamatory; and
e) does not contravene any federal, state or territory statute, regulation or other law including the Competition and Consumer Act (CTH).
7.2 You indemnify RIDE for all costs (including legal costs on a solicitor client basis), expenses, claims, demands, damages and losses of any kind arising from or attributable to the publication of the advertising or otherwise arising from a breach by you of these terms.
7.3 To the extent permitted by law, all conditions and warranties implied by law or otherwise not expressly set out in these terms and conditions are excluded.
8. LIMITATION OF LIABILITY
8.1 To the extent permitted by law, under these terms or otherwise in connection with your advertising, and the publication of that advertising by RIDE:
a) RIDE excludes liability for all indirect, consequential or special losses or damages including loss or profits howsoever arising; and
b) The total liability of RIDE howsoever arising is limited to the supply of the relevant advertising again or the payment of the cost of having those services supplied again, whichever RIDE determines in its absolute discretion.
8.2 RIDE will not be liable to you or any other person for any loss of whatever kind suffered as a result of an advertisement not being available for publication or not being published where such event arises from any cause beyond RIDE’s reasonable control.
9. LIABILITY OF AGENTS
9.1 If you carry on business as an advertising agent, you acknowledge that you contract with RIDE in your own right. You are principally liable under any contract entered into with RIDE.
10.1 These terms are governed by the laws in force in New South Wales, Australia.
10.2 You may not assign or otherwise transfer any of your rights or obligations under these terms to any other person without RIDE’s consent. RIDE may assign or otherwise transfer any of its rights or obligations under these terms without your consent.
10.3 If RIDE fails to enforce, or delays in enforcing, any of these terms, this will not operate as a waiver and will not affect RIDE’s right to later require strict compliance with these terms.
10.4 The terms of the Booking Confirmation and this agreement record the entire agreement between you and RIDE relating to the matters dealt with in this agreement and supersede all previous arrangements, understandings or representations, whether written, oral or both, relating to these matters.
10.5 The information in this Proposal and all matters connected with and relating to the Proposal are to be treated as Confidential Information. The Recipient/Client agrees to maintain the confidence of the Confidential Information; prevent the unauthorised use or dissemination of the Confidential Information; and return to RIDE or, if necessary, erase all Confidential Information immediately on being asked by RIDE to do so.