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Advertising Terms of Use

Advertising Terms of Use

Every advertiser who lodges, or authorises the lodgement of an advertisement for publication (Advertiser) on the Website (Website) operated by First Point Media* (First Point) agrees to be bound by: 

(a) the First Point Media Terms of Use;
(b) the Forums and Message Board Terms of Use;
(c) the First Point Media Privacy Policy; and
(d) the terms set out below (Terms).

1.In these Terms ‘publish’ (publish) means to post, or make available (or authorise the posting or making available) to the general public through an internet site run by First Point the advertisement submitted (or authorised to be submitted) by the Advertiser.

2. The Advertiser is required to read the Terms before it uses the Website and submits (or authorises the submission of) an advertisement through the Website. By submitting (or authorising the submission of) an advertisement and continuing to use the Website, the Advertiser will be deemed to have agreed to these Terms.

3. From time to time, we may need to change these Terms to reflect our changing business. We may also need to change these Terms if we are required by law, for security reasons or for technical or infrastructure reasons.

4. We may change the Terms at any time by posting the changed Terms on this Website and by posting a notice to Advertisers on the First Point Media homepage stating that a change has occurred.

5. First Point may at its absolute discretion refuse to publish any advertisement without giving any reason. In case of refusal, no charge to the Advertiser shall be incurred.

6. First Point may in its absolute discretion and without prior consultation or notice to the Advertiser, amend any advertisement in any terms whatsoever, if First Point perceives the publication of the advertisement would be in breach of any relevant law, in breach of any pre-existing agreement of First Point, in breach of any person’s rights or offensive. Should First Point so amend the advertisement, the agreed price shall not be reduced.

7. The positioning or placement of an advertisement is at the discretion of First Point except where expressly agreed in writing by First Point.

8. Subject to the Trade Practices Act 1974, First Point is not liable to the Advertiser for any loss of any nature arising from:

(a) the total failure of First Point to publish an advertisement; or
(b) the failure of First Point to publish an advertisement in the form submitted by the Advertiser.  This applies regardless of the cause of First Point’s failure, including if First Point was  negligent or acted as permitted under these terms and conditions.  

In the case, of (a), the Advertiser will not have to pay any amount to First Point. In the case of (b), the amount payable by the Advertiser may be reduced in First Point’s absolute discretion.

9. First Point reserves the right to vary the placement and/or format of advertisements across the Website. First Point will endeavour to notify the Advertiser of any such changes. First Point will not be liable for any costs, expenses, losses or damages suffered or incurred by an Advertiser arising from First Point's failure to publish an advertisement in accordance with the Advertiser's request.

10. First Point has no liability to the Advertiser and the Advertiser releases First Point from any claims in relation to any failure of telecommunications services or systems which affect the receipt by First Point of an advertisement or the publication of an advertisement.

11. First Point makes no representation or warranty in relation to the number of visitors to the Website.

12. All amounts owing to First Point by the Advertiser must be paid within 14 days of the date of invoice notwithstanding any errors or omissions in any advertisement published. First Point may charge the Advertiser interest on late payment at the rate of 10% per annum and reserves the right to recoup any collection costs incurred from the Advertiser. First Point also reserves the right to disable an Advertiser’s account with First Point without notice and refuse to supply further services to an Advertiser if an invoice is not paid within the trading terms.

13. First Point also reserves the right to terminate this agreement if the Advertiser posts any advertisement that may be in breach of any law or regulation. Further, First Point reserves the right to, in its absolute discretion, reject or remove any advertisement from the Website for any reason.

14. The Advertiser indemnifies and will keep indemnified First Point, its officers, employees and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages and expenses incurred by First Point in connection with:

(a) any breach of the Terms by the Advertiser;
(b) any negligent act or omission by the Advertiser; or
(c) the publication or proposed publication of any advertisement by an Advertiser on the Website  or any related site.

15. First Point provides no warranty to the Advertiser that services generally available through the Website will be uninterrupted or error free.

16. First Point will not be liable for any delay or failure to perform its obligations under these Terms if such a delay or failure is due to circumstances beyond its reasonable control.

17. First Point accepts no responsibility or liability for any errors and requires that the Advertiser check their advertisements for errors as soon as they are placed on the Website. All reasonable efforts will be undertaken by First Point to edit errors brought to First Point's attention as soon as reasonably possible.

18. By lodging material including electronic material or data for publication or authorising or approving the publication of any material with First Point, the Advertiser warrants that the material complies with all relevant laws and regulations and that its publication will not give rise to any claims or liabilities against First Point, its directors, employees or agents.

19. Without limiting the generality of the above, the Advertiser warrants that nothing in the material lodged for publication breaches the Trade Practices Act 1974, Copyright Act 1968, Fair Trading Act 1987, defamation, consumer protection and sale of goods legislation of the States and Territories or infringes the rights of any person.

20. By lodging material including electronic material or data for publication or authorising or approving the publication of any material with First Point, the Advertiser indemnifies First Point and its directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly, from the publication of the material.

21. Without limiting the generality of the above, the Advertiser indemnifies First Point and its directors, employees and agents against any claims arising from:

(a) defamation, libel, slander of title;
(b) infringement of copyright;
(c) infringement of trade marks or names of publications titles;
(d) unfair competition;
(e) breach of trade practices or fair trading legislation; and
(f) violation of rights of privacy or confidential information or licenses or royalty rights or other  intellectual property rights.

22. The Advertiser warrants and undertakes that:

(a) it has the legal capacity and power to enter into this agreement and perform its obligations  under it;
(b) advertisements and other works published on the Website do not breach the intellectual  property rights of any third party;
(c) all files delivered to First Point will be free of infection or viruses; and
(d) it will not use the Website for any illegal purpose.

23. The Advertiser agrees at all times to deal with any information or products provided by First Point or accessed from the Website in a manner which abides by all applicable laws of Australia, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).

24. The Advertiser agrees not to use any feature of the Website to send unsolicited commercial email.

25. The Advertiser acknowledges and agrees that First Point acts as a medium through which individuals may research commercial options and that First Point does not vet nor is it responsible for vetting responses or the representations (whether oral or in writing - including those representations appearing in responses and inquiries made by the general public). 

26. The Advertiser understands and agrees that the following actions constitute a new/additional advertisement under these Terms:

(a) renewing an existing or expired advertisement;
(b) upgrading an existing advertisement to a higher package;
(c) selecting more than one location for an advertisement;
(d) publishing an advertisement under a free trial period; or
(d) agreeing to publish an advertisement after the expiry of a free trial period.

27. The Advertiser agrees that pursuant to the Privacy Act 1988 (Cth), First Point may obtain from either a credit reporting agency or other credit providers:

(a) personal credit information about the Advertiser and/or its directors for the purpose of  assessing an Advertiser's commercial credit application; and
(b) a consumer credit report about the Advertiser for the purpose of collecting overdue payments  relating to commercial credit owed by the Advertiser.

28. The Advertiser must ensure that advertisements posted to the Website are posted to the appropriate category and location of the Website and the onus is on the Advertiser to ensure that they familiarise themselves with the advertising requirements of each available category and location on the Website to ensure appropriate placement of advertisements.

29. First Point reserves the right and the Advertiser must accept as a condition of advertising on the Website, First Point's right to re-classify advertisements posted to the Website, entitling First Point to withdraw advertisements from one category of its Website and to re-publish advertisements in another category on the Website.

30. When you register as an advertiser, and create, edit, upgrade, renew, purchase or publish an advertisement or make an enquiry you will provide personal information to us.  We will only use the personal information provided to us to contact you on your e-mail address or telephone to notify you about such things as the status of your advertisement, any changes and promotions associated with our products and services, or to address any issues we may have about your account or your enquiry.  You also permit us to use your personal information to process your advertising order.

31. Advertisers agree not to use the Website to publish an advertisement for any pyramid scheme.

32. First Point is not liable to the Advertiser for any changes to an advertisement made by it or any third party through the use of the Advertiser’s registration and log in details.  It is the Advertiser’s responsibility to ensure that its registration and log in details are kept secure. 

33. First Point reserves the right at all times without the need to have to provide any notice to the Advertiser, to alter the functionality and appearance of its products and services available from First Point or through the First Point site.

34. An advertising order placed with First Point Media either via online registration or verbal order confirmation is a contractual agreement. First Point Media will consider Advertiser circumstances in granting an early termination of the contract. A termination charge of $99.00 inc GST will be offered.

35. First Point and the Advertiser are independent contractors and no agency, partnership, joint venture or employment relationship is intended or created by these Terms.

36. If any part of these Terms is unenforceable, it will be severed from the remainder of these Terms. These Terms constitute the entire agreement between the parties concerning the subject matter of these Terms. A provision of or a right created under these Terms will not be waived except in writing signed by the party granting the waiver.

37. If we do not act in relation to a particular breach by an Advertiser of these Terms, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches.

38. These Terms are subject to the laws of Queensland, Australia.  First Point and the Advertiser agree to submit to the jurisdiction of the courts of the State of Queensland.

*First Point Media Pty Ltd (ACN 165 056 771)