By agreeing to our terms of service, the Advertiser hereby agrees to the following Terms and Conditions, which are included and part of the Advertising Agreement set forth therein.
The Terms and Conditions and the Advertising Agreement shall be referred to herein collectively as the "Agreement." Discover Mornington Peninsula, it’s parent company “The Discover Life Group” and all of its Directories shall be referred to herein as "DMP".
DMP makes no warranties, expressed or implied, other than those presented in this Agreement.
The term "Advertisement", as used in this Agreement, shall refer to an advertisement designed by DMP on behalf of an Advertiser, as well as any links to third party web pages included therein.
Right of Refusal
DMP reserves the right to refuse any advertisement for any reason. DMP shall be the sole and final arbitrator of whether or not any advertising material is appropriate for inclusion in the DMP web site.
Discontinuance of Service
DMP reserves the right to reject or suspend the advertisements of any Advertiser deemed by DMP to be negative to our users, disrupt site service or performance or for any other reasonable grounds. Under such circumstances DMP will not be required to pay any restitution or refund of advertising fees to the advertiser.
Payment for Service
Advertisers agree to pay all advertising fees as described on the appropriate pages of the DMP web site, prior to DMP completing and activating an Advertisement.
The Advertiser is solely responsible and indemnifies DMP from any legal liability arising out of or relating to
- the Advertisement
- any claims or misrepresentations made via the Advertisement
- any material to which users can link through the Advertisement
The Advertiser represents and warrants that:
the material provided to DMP is original, copyrighted material belonging to the Advertiser, or that the Advertiser has obtained any and all legal copyrights, permissions and licenses necessary for DMP to use the material in the preparation of the Advertiser's Advertisement and web pages (where applicable) and in any other printed matter prepared by DMP in the normal course of business
the use, reproduction, distribution, or transmission of the Advertisement will not violate any criminal laws or any rights, title or interests of any third party, including, but not limited to, copyright (whether in text, image, software code or music), patent, trademark, trade secret, or any other proprietary or property right
that the Advertisement will not contain material that includes false claims, unfair competition, defamatory material, invasions of privacy or rights of celebrity, or violations of any anti-discrimination law or regulation.
Limitations and Liability
The Advertiser agrees to indemnify DMP, its assigns, employees, and heirs, harmless from any and all liability, loss, damages, claims, or causes of action, and/or third party claims, arising out of or related to an Advertiser's breach of any of the foregoing representations and warranties, including legal fees and expenses. When necessary to effectuate the intent of this paragraph, the Advertiser agrees that DMP be listed as an additional insured (at no cost to DMP) on any insurance policy issued to the Advertiser under which there is coverage for any of the forms of legal liability described in this paragraph.
IN NO EVENT WILL DMP BE LIABLE TO THE ADVERTISER FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT DMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This Agreement will be governed by and construed in accordance with the laws of Australia. The courts located in Australia shall have sole and exclusive jurisdiction over any controversies arising out of, relating to, or in connection with this Agreement, or any breach thereof.
This Agreement and any and all exhibits and attachments are the complete and exclusive understanding between the parties with respect to the subject matter hereof, superseding and replacing any and all prior agreements, communications, and understandings (both written and oral) regarding such subject matter. The terms and conditions of this Agreement will prevail over any contrary or inconsistent terms in any purchase order or prior correspondence between the Advertiser and DMP. This Agreement may only be modified, or any rights under it waived, by a written document executed and agreed by both parties.