Advertising Terms & Conditions
Cooks Media Group (“Publisher”) provides advertising services (“Services”) subject to these Terms and Conditions (“Terms”). These Terms govern all Booking Orders and Services provided to Clients, ensuring compliance with Australian laws, including Queensland regulations.
1. Services and Bookings
1.1 The Publisher provides advertising Services as detailed in an offer, governed exclusively by these Terms.
1.2 A Booking is legally binding upon the Client’s written confirmation of an offer, including but not limited to email, electronic acceptance, or other written acknowledgment, without requiring a signed order form.
1.3 These Terms apply to all Services provided by the Publisher and supersede any conflicting terms proposed by the Client.
1.4 By accepting these terms and conditions the Client acknowledges that this is a business-to-business contract and therefore is not subject to any statutory cooling off provisions and that the only rights of cancellation are those governed in these terms and conditions. All confirmed orders are final and the Client has no rights of cancellation upon written (including by email or completed order form) confirmation of an order for services from Cooks Media Group.
2. Advertising Material Submission
2.1 Clients must submit advertising material that:
- Meets the Publisher’s technical specifications and submission deadlines.
- Complies with Australian Consumer Law (ACL), Queensland laws (including the Liquor Act 1992 and Gaming Machine Act 1991), and the AANA Code of Ethics.
- Is lawful, non-infringing, and appropriate for publication.
2.2 Material must be submitted through the Publisher’s designated digital platforms.
2.3 If material is not submitted by the specified deadline:
- The Publisher may use previously submitted material, modify the campaign, or cancel the Booking.
- The Client remains liable for the full Booking fee.
2.4 Advertisements will be clearly distinguished from editorial content in accordance with ACL and AANA guidelines.
2.5 The Publisher is not required to return submitted material.
3. Creative Services
3.1 Clients are responsible for all advertising content, including material developed with the Publisher’s assistance.
3.2 Clients must promptly provide assets and review proofs within agreed timeframes.
3.3 Production costs are non-refundable, regardless of Booking cancellation.
4. Refusal, Withdrawal, and Placement
4.1 The Publisher reserves the right to reject or withdraw advertising material at its sole discretion, including for non-compliance with legal, regulatory, or ethical standards.
4.2 Ad placement, size, and format are not guaranteed. The Publisher may adjust ad size without prior notice.
4.3 The Publisher is not liable for delays or non-publication due to external factors, including regulatory compliance or force majeure events.
5. Performance Optimisation
5.1 The Publisher may relocate underperforming digital ads to comparable placements to enhance performance, at no additional cost to the Client.
6. Intellectual Property
6.1 Clients grant the Publisher a non-exclusive, royalty-free, worldwide licence to use, reproduce, and distribute advertising material for the purposes of the Services.
6.2 Clients warrant that they hold all necessary rights to the material and that it complies with all applicable laws and regulations.
7. Payment Terms
7.1 Definition of Prepayment: Prepayment refers to the payment of 100% of the Booking fee in cleared funds prior to the commencement of Services or publication.
7.2 International Clients must prepay 100% of the Booking fee prior to publication.
7.3 Domestic Clients, subject to credit approval, must pay 100% of the Booking fee before Services commence. If immediate prepayment is requested by the Publisher, domestic Clients are subject to the same prepayment rules as international Clients (per clause 7.2).
7.4 For multi-format Bookings, any outstanding balance is due within 7 days of the earliest publication date.
7.5 Late payments incur interest at 2% per month from the due date until paid, in accordance with Queensland law.
7.6 Timely payment is a condition of Service provision.
7.7 Goods and Services Tax (GST) applies to all fees in accordance with Australian tax law.
8. Cancellation Policy
8.1 All Bookings are non-cancellable and non-refundable.
8.2 The full Booking cost, plus applicable GST, is payable regardless of cancellation.
8.3 Invoices for Booking costs are due immediately upon issuance, unless otherwise instructed or agreed in writing. Non-payment reinstates all original Booking obligations.
8.4 For print Bookings, the Publisher reserves the right to use existing material and charge the full Booking fee.
8.5 Live digital campaigns, once activated, are non-cancellable and non-refundable.
9. Warranties and Indemnities
9.1 Clients warrant that their advertising material:
- Complies with Australian Consumer Law, Queensland laws (including the Liquor Act 1992 and Gaming Machine Act 1991), and the AANA Code of Ethics.
- Is lawful, non-infringing, and does not breach third-party rights.
9.2 Clients indemnify the Publisher, its affiliates, and employees against any claims, losses, or liabilities arising from the Client’s material or conduct.
10. Liability
10.1 The Publisher is not liable for indirect, incidental, or consequential losses, including loss of profits or business opportunities.
10.2 Where liability cannot be excluded, the Publisher’s liability is limited to resupplying the Services or refunding the Booking fee, at the Publisher’s discretion.
10.3 The Publisher is not liable for delays or non-performance due to force majeure events (e.g., natural disasters, strikes, or regulatory actions). Affected deadlines will be extended accordingly.
11. General Terms
11.1 Complaints must be submitted in writing within 28 days of publication.
11.2 These Terms supersede all prior agreements, representations, or understandings.
11.3 Amendments to these Terms require written approval from a Publisher Director.
11.4 These Terms are governed by Queensland law, and disputes are subject to the exclusive jurisdiction of Queensland courts.
11.5 The Publisher may update these Terms by providing written or online notice to Clients.
11.6 Clients may not assign their rights or obligations without the Publisher’s written consent.
11.7 In case of conflict, the Booking Order prevails over these Terms.
11.8 The Publisher may adjust publication or go-live dates by up to 28 days with notice to the Client.
11.9 Unpaid amounts accrue interest at 28 per month. The Publisher may recover reasonable debt collection or legal costs.
Definitions
- Advertiser: Any person or entity entering into an agreement with the Publisher.
- Advertising Material: Content submitted or created for advertising purposes.
- Booking: A confirmed advertising agreement, as outlined in a Booking Order.
- Client: Any individual or entity booking Services.
- Press Deadline: The final deadline for submitting advertising material.
- Publisher: Cooks Media Group.
- Services: Advertising services provided via print or digital platform