"Clients": refers to companies making entries or taking advertising space in the online:- myresources directory.
"Online Directory": the myresources online directory, website and its contents.
“myresources: the website and its contents
“West Australian Newspapers (WAN):” refers to the publisher/owner of the myresources.com.au website and its content
"Free listing": unpaid completely free listing .
"Listings & Entries" : the paid entry relating to businesses and services in the Online Directory and or website. "Advertisements": the advertisement, banner advertisement, press release or other paid for promotion bearing the Customer Branding which the client wishes to appear in the online directory.
"Customer branding": the branding of the client that may appear in the Advertisement.
"Agreement": the agreement between West Australian Newspapers (WAN) and the customer on these terms and conditions and any special conditions.
"Copy": style and layout of firms’ entry details in the Online Directory and or website
"Duration": period for which the entry will appear in the Online Directory and or website
"Charge": cost payable by Firms for their entry in the Online Directory and or website
"Printed directory": the associated printed publication.
"Unacceptable": in respect of any entry or advertisement, meaning that it is inaccurate, contravenes any law or code of practice or conduct, infringes on intellectual property rights of another, is abusive, immoral, defamatory or otherwise likely to offend users of the Online Directory and or website
By completing an entry, placing an advertisement or paid editorial and or listing form on the myresources website and or into the Online Directory, the customer accepts these terms and authorises myresources to publish clients’ entries and or advertisements on the myresources website and or in the Online Directory.
3. Obligations of Clients
3.1 To pay price within terms specified on receipt of a GST invoice from West Australian Newspapers (WAN)
3.2 To indemnify West Australian Newspapers (WAN) against all losses, costs, claims, damages or other expenses thatWest Australian Newspapers (WAN) incurs as a result of breach by the client of any of these terms, or as a result of any third party claims which West Australian Newspapers (WAN) receives as a result of the entries or advertisements.
3.3 To acknowledge that West Australian Newspapers (WAN) retains full editorial control over all advertisements and entries and that West Australian Newspapers (WAN) will own all copyright in the advertisements and entries, save that myresources shall not own any customer branding.
3.4 To provide all materials for the advertisements and entries (including, without limitation, GIF, EPS and JPEG files) in accordance with the procedures required by West Australian Newspaper from time to time.
4. Obligations West Australian Newspaper
4.1 To use reasonable endeavours to ensure that advertisements and entries feature in the Online Directory and or websitefor the specified duration.
4.2 To use reasonable endeavours to ensure that the Online Directory and or website is accessible to users of the World Wide Web 24 hours a day, through the myresources directory and or website at any time or for any period.
4.3 West Australian Newspapers (WAN) does not guarantee any levels of response to advertisements and entries.
5. Rights of myresources
5.1 The client warrants that the advertisement is not unacceptable. If West Australian Newspapers (WAN) at any time considers that any advertisements or entries is unacceptable, West Australian Newspapers (WAN) may remove the advertisement and entry from the Online Directory and or myresources website. In this case West Australian Newspapers (WAN) will not refund any part of the charge to the clients.
5.2 The Customer warrants that the customer branding will not infringe the intellectual property rights of any third party.
5.3 West Australian Newspapers (WAN) reserves the right to change the format, style and layout of the Online Directory and or website as and when it sees fit.
5.4 West Australian Newspapers (WAN) reserves the right to terminate this contract with immediate effect by giving written notice of this to the clients.
5.5 West Australian Newspapers (WAN) reserve the right to remove entries from the online directory and or website, if payment is not received within the specified terms.
6.1 Once an entry is confirmed by a firm any cancellations must be received with 14 days. Cancellations received after this period will be liable to the full entry fee.
6.2 No refund or credit will be given for cancellations received after an advertisement or entry has appeared. The clients will remain liable for the charge in such circumstances.
7.1 West Australian Newspapers (WAN) shall not be liable to the clients for any indirect or consequential losses or damage suffered by the clients including (without limitation) any loss of profits, contracts, revenue, goodwill, business, savings or opportunity irrespective of whether West Australian Newspapers (WAN) knew or should have known of the possibility of that loss.
7.2 West Australian Newspapers (WAN) shall not be liable for any losses, damages, expenses (including, without limitation, any costs of finding replacement advertising space) suffered or incurred by the clients as a result of the Online Directory not being accessible to users of the world wide web for any period of time.
7.3 Nothing in these terms and conditions shall operate to limit the liability of either party for any death or personal injury caused by its negligence or that of its employees
7.4 West Australian Newspapers (WAN) will use reasonable efforts to comply with the clients’ requested start and end dates for display of the advertisement but cannot warrant that these dates will be met.
8. Other Conditions
8.1 Any re-submission of the advertisement by the client will be deemed to be a new advertisement for which the client must repay the charge.
8.2 Even if the client is acting as an agency or other representative, it enters into this agreement in its own right as principal and not agent.
8.3 The client shall not assign, transfer or resell its right under this agreement.
8.4 Unless otherwise stated, the positioning of advertisements is to be determined by myresources.
8.5 Content of entries is the responsibility of clients. Unless stated otherwise clients will be liable for the charge of any incorrect listings in the Online Directory, website and or publications.
8.6 West Australian Newspapers (WAN) will endeavour to process within 14 days although it will not be liable for any delay in processing entries.
8.7 All advertisements and entries will run for a period as stated in the booking from the date of payment.
8.8 West Australian Newspapers (WAN) will endeavour to send notice to organisations for display and reference purposes, although it cannot guarantee that they will be displayed.
9 Governing law
This Agreement shall be governed by and construed in accordance with Western Australian law and the parties submit to the non-exclusive jurisdiction of the Western Australian courts.