Tackle News General Terms & Conditions
Any Advertising Orders submitted to Tackle News  constitute an agreement (Agreement) between Tackle News and the Advertiser and are subject to these terms and conditions (General Terms).

1. Cancelling and Modifying Orders. If the Advertiser wholly or partly cancels the   Advertising Order within 30 days of Tackle News being scheduled to undertake the work to which the cancellation relates, the Advertiser must still pay Tackle News all amounts due to Tackle News, including any Charges. The Advertiser may not modify the Advertising Order without Tackle News’s prior written approval.

2. Rates. Tackle News’s advertising rates are subject to change at Tackle News’s sole discretion.

3. Terms of Payment. The Advertiser must pay all amounts payable to Tackle News in respect of the Advertising Order (Charges) in full and in the manner set out in these General Terms and the Advertising Order.

This is an essential term of the Agreement. The time for payment and the amount of Charges payable pursuant to this Clause is of the essence.

4. Advertiser Obligations. The Advertiser may not assign or transfer any advertising space or any of its rights in this Agreement without the prior express written consent of Tackle News.

5. Submission of Advertiser Material. The Advertiser must submit to Tackle News all Advertiser Material for each Advertisement/Campaign/Article no less than seven (7) days prior to the date the relevant Advertisement/ Campaign/Article is scheduled to commence.

All Advertiser Material must be in the manner and format required by Tackle News.

If the Advertiser does not comply with the above, Tackle News may refuse to post the relevant Advertisement/Campaign without any liability to the Advertiser and the Advertiser will be required to pay any applicable Charges.

6. Advertiser Material and Links to Websites. The Advertiser warrants that any Advertiser Material and any website link included in any Advertisement/Campaign/Article will at all times comply with applicable Laws, Industry Codes and the requirements of relevant Regulators and is suitable in all respects to be published on, and linked to and from the Tackle News Property. Tackle News may remove any Advertiser Material and/or link which fails to comply with the above requirements at any time.

7. Right to Reject Advertising Order. Tackle News may wholly or partly reject/cancel the Advertising Order at any time in its sole discretion. If Tackle News does not publish an Advertisement/Campaign/Article, it will be deemed to be a rejection of the Advertising Order. This does not constitute a breach of this Agreement or otherwise entitle the Advertiser to any legal remedy.

8. Compliance with Notifications. If Tackle News receives a Notification in respect of an Advertisement/Campaign/Article which requires Tackle News to respond or take action, Tackle News may, without any notice or any liability to the Advertiser, take any steps necessary to do so.

9. Positioning and Style. Unless otherwise stated in the Advertising Order, Tackle News will position Advertisements on Tackle News Property as it sees fit and Tackle News makes no warranty or representation that any Advertisement/Campaign/Article will be placed in any specific part of the Tackle News Property.

10. Operation of Tackle News Property. Tackle News makes no representations or warranties about the functionality or performance of the Tackle News Property (including “up time”), that Tackle News Property will be fault or error free or that any errors or interruptions will be rectified within any particular time period.

11. Advertisements for Competitions and Promotions. If an Advertisement is for a competition/promotion being run by the Advertiser (or its client), the Advertiser must ensure that the identity of the promoter is set out in the Advertisement, that all required permits have been obtained and all applicable regulations/advertising requirements have been complied with.

12. Termination. Tackle News may wholly or partly terminate the Advertising Order and this Agreement immediately upon written notice to the Advertiser if the Advertiser breaches any of its warranties or indemnities or if it fails to pay any Charges as required. The Advertiser must pay all amounts outstanding at the date of any termination or expiration of the  Advertising Order and this Agreement. The Advertiser’s warranties and indemnities survive the termination/expiration of the   Advertising Order and this Agreement.

13. Advertiser Warranties. The Advertiser warrants and represents that:
1)    it has full power and authority to enter into and fulfil the terms of this Agreement;

2)    it has duly executed the Advertising Order and the Advertising Order constitutes a legal and binding agreement between the Advertiser and Tackle News;

3)    Tackle News’use of any Advertiser Material in accordance with this Agreement will not infringe any third party rights (including Intellectual Property Rights);and

4)    the Advertiser Material will not contain:
1.    any subject matter that is:
i.    contrary to any Laws, codes administered by the Advertising Standards Bureau or the requirements of relevant Regulators; or
ii.    indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, libellous, offensive or objectionable;

2.     any viruses, trojans, or other malicious code;

3.     any suggestion that any entity has the approval or sponsorship of any other entity which it does not have; or

4.     any content that relates to financial matters or would require Tackle News to hold any financial services licence.

14. Advertiser Indemnities. The Advertiser indemnifies, and must defend and hold harmless, Tackle News and its personnel, from and against all Losses arising from:

1.    any breaches of this Agreement or its warranties;

2.    any third party claim arising directly or indirectly from a breach by the Advertiser of any of its obligations under the Advertising Order and this Agreement;

3.    negligent, wilful or otherwise wrongful act or omission of the Advertiser or any of the Advertiser’s personnel;

4.    fraudulent or dishonest acts or omissions of any Advertiser personnel;

5.    any breach by the Advertiser of any applicable Laws, or the requirements or directions of relevant Regulators;

6.     any claim by any third party arising directly or indirectly as a result of Tackle News fulfilling its obligations in accordance with the Advertising Order and this Agreement;

7.    the death of, or personal injury to, any person, to the extent caused by any act or omission of the Advertiser or any of its personnel;

8.    any damage to, or loss or destruction of, any real or tangible personal property, to the extent caused by any act or omission of the Advertiser or any of its personnel;

9.    any breach by the Advertiser of its confidentiality obligations; or

10.    any claim or allegation that the Advertiser Material infringes a third party’s Intellectual Property Rights or constitutes an unlawful disclosure or misuse or misappropriation of another Party’s trade secret or confidential information.

15. Tackle News Material. All right, title and interest in all Intellectual Property Rights in Tackle News Material remains with Tackle News. Nothing in these General Terms constitutes a transfer, assignment or grant of any ownership rights in the Tackle News Material.

16. GST. Unless GST is expressly included, the consideration expressed to be payable under this Advertising Order for any supply made under or in connection with this Advertising Order does not include GST.

17. Disclaimer. Subject to the paragraph below regarding Australian consumer warranties, Tackle News disclaims any express or implied warranties in respect of the services it provides under this Agreement.

In no event will Tackle News, its affiliates and related entities, servants, employees and agents, be liable to the Advertiser 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, even if Tackle News has been advised of the possibility of such damages. Tackle News, its affiliates and related entities, servants, employees and agents, will not be liable to the Advertiser for any form of loss or damage arising from any act or omission of the Advertiser, a third party service provider or contractor to Tackle News or any discrepancy, fault or malfunction of any Tackle News or third party telecommunications system, software, system or computer server or any other technology based platform.

In no event will Tackle News, its affiliates and related entities, its servants, employees and agents, be liable to the Advertiser for an amount in excess of the total dollar amount actually received by Tackle News from the Advertiser in accordance with the   Advertising Order and this Agreement.

The Advertiser acknowledges that Tackle News has not made any warranties in respect of the success or otherwise of advertising upon the Tackle News Property or any other media, marketing communications channel, marketing or advertising campaign, promotion or advertisement. Tackle News will use reasonable commercial endeavours to achieve the service and deliverables as set out in the Advertising Order.

If the Advertising Order constitutes a supply of goods or services to a consumer as defined in the Australian Trade Practices Act 1974 or relevant State/Territory legislation nothing contained in the Advertising Order or General Terms excludes, restricts or modifies any condition, warranty, right or remedy where to do so is unlawful, in which event Tackle News’and its affiliates’ and related entities’, its servants’, employees’ and agents’ liability for any breach of this Agreement including any liability for consequential loss will be limited as Tackle News may elect in its sole discretion, in the case of services supplied or offered by Tackle News, 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 Tackle News, (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.

18. Severability. If any provision of this Agreement is unenforceable, illegal or void that provision is severed and the other provisions of this Agreement remain in force.

19. Governing Law. This Agreement is governed by the laws of Queensland. Each of the Parties irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland.

20. Definitions. In this Agreement:

Advertiser means the party submitting the  Advertising Order to Tackle News.

Advertisement means any advertisement set out in or attached to the Advertising Order.

Advertiser Material means any material provided to Tackle News for the purposes of advertising on the Tackle News Property, including but not limited to: any logo, trade mark or indicia of the Advertiser, literary works; dramatic works; musical works; artistic works; sound recordings; cinematograph films (including video games); or any other material or content of a nature or type that can be uploaded via the Internet or any other technology to the Tackle News Property.

Article means any article set out in the Advertising Order.

Campaign means any campaign set out in the Advertising Order.

Industry Codes means any industry code of conduct or practice that may be applicable to the Advertiser or the Advertiser’s business activities, or Tackle News or Tackle News' business activities, from time to time.

Intellectual Property Rights means:

•    all developments, discoveries, innovations, inventions, novel or technical designs, procedures and trade secrets;

•    all tangible and intangible information, materials, intellectual property, including but not limited to domain names, ideas, concepts, designs, practices, products, methods, computer programs and models (whether in source code or object code), financial models, trading models, valuation models, software models, compositions, prototypes, reports, drawings or specifications, whether or not patentable or copyrightable, and all related papers, drawings, models, data and documents;

•    the entire copyright (including future copyright and rights in the nature of or analogous to copyright) in all works, including but not limited to all works as defined in the Copyright Act 1968 (Cth);

•    all designs and circuit layouts, including any within the meaning of the Designs Act 2003 (Cth);

•    all patents and patented applications, processes and products, including any within the meaning of the Patents Act 1990 (Cth);

•    any trade name, brand name, service mark, common law trade mark, including any trade mark within the meaning of the Trade Marks Act 1995 (Cth); and

•    any application or right to apply for registration of rights relating to any of the above.

Know How means the collective industry & campaign experience, information or know how gained and owned by Tackle News through the conduct of its business by its owners, employees and contractors (whether written or unwritten).

Laws means all laws including but not limited to rules of common law, principles of equity, statutes, regulations, statutory mandatory codes of conduct and judgments.

Losses means loss, damage, liability, charge, expense or cost (including all reasonable legal and other professional costs on a full indemnity basis) of any nature or kind.

Notification means any notice or instruction sent by a Regulator to Tackle News about an Advertisement/Campaign/Article.

Party means Tackle News and the Advertiser.

Regulator means any regulatory government agency or any private entity that functions in a quasi-regulatory manner, having any applicable jurisdiction over the business of Tackle News or the Advertiser.

Tackle News means Tackle News (ABN 45879367100).

Tackle News Material means any material, documents, media and property (including Know How) prepared, created, developed or acquired by Tackle News prior to the Advertising Order or independent of this Agreement.

Tackle News Property means any Tackle News website, mobile site, WAP portals, email marketing, person to person messaging service (eg IM, SMS, MMS and email) and any other electronic, emerging, digital or conventional communications channel owned by Tackle News.