Terms and Conditions

Terms and Conditions of Subscribers

TERMS AND CONDITIONS

by clicking submit on your subscription order form you:

  1. instruct Ponderings Australia and associated persons press to supply your contact information and order details on the subscription form to Ponderings Australia Website  and/or the necessary publishing entity for any magazine to which you have subscribed;

  2. agree that the magazines offered through the Ponderings Australia Website AND affiliated subscription collection agencies are offered by the publisher and that any contract for the subscription for a magazine is between you and the publisher.

  3. agree to receive email communications from Ponderings Australia and associated persons and its supplier partners with information on products and services.

  4. Agree that if you gift a subscription to a person you are authorised to supply their contact details along with a postal address and email address. Should you supply the incorrect details you acknowledge Ponderings Australia and associated persons does not accept liability or fault in delivery or replacement.

  5. agree that Ponderings Australia and associated persons press and its employees and agents will not be liable for any loss, injury or damage arising from or as a consequence of any act or omission by Ponderings Australia and associated persons press or any person providing services through the sites.

  1. agree that all offers made, contracts concluded and services provided through the Ponderings Australia Website and Social Media sites shall be deemed to be made and provided in australia notwithstanding the location of you or the publisher or distributor of any magazine or any other person, shall be governed exclusively by australian law, and the courts of australia shall have exclusive jurisdiction to determine any such matters involving or alleged to involve Ponderings Australia and associated persons press.

  2. Agree that your subscription is ongoing and should your subscription renew you accept payment responsibility for those subscriptions for which you have subscribed. Refunds will not be made unless you unsubscribe from the ongoing subscription. This can be done by contacting the editor@ponderings.com.au no later than 24 hours before the renewal is set to activate. Ponderings Australia does not accept liability for this.

  3. Agree that your copy of the Anthology will be sent after December 2019 in a timely manner, however should circumstances outside of Ponderings and associated person’s control prevent or hinder delivery they cannot be held responsible and will endevour to send the copy to you at the earliest possible time.

  4. Agree that should the subscriber not be able to access the Application Platform due to their phone restrictions or inadequate technology understanding, they will notify Ponderings Australia as soon as possible via Ponderings website or on our Facebook Messenger or email editor@ponderings.com.au so that help can be given. Should the person/s not be able to access it due to inadequate service, or due to a technical problem between the application platform and the device being used, Ponderings Australia will not be liable or responsible in any way. The application platform is a bonus item. The digital subscription is for the Digital Access for the email of the latest articles,  and access to the recorded articles from Ponderings Magazine. In addition to this a mobile application is also available. The print subscription is for 1 x coffee table Anthology Annual Copy.

  5. Agree that the postage and handling of the Ponderings Anthology Coffee Table edition is the responsibility of the delivery service and Ponderings AUstralia and associated persons can not be held responsible for damage in transit once it has left our premises or the premises of a selling agent.

Terms and Conditions of Advertisers

Ponderings  will only accept bookings for the publication of advertisements on the following terms:

  1. Prices 

Prices quoted are, unless otherwise stated, exclusive of goods and services tax (GST) and agency commission, and are valid, unless withdrawn, for 30 days from the date of quotation, provided the first publication of an advertisement for an Advertiser occurs within 30 days of the date of acceptance of the quotation by the Advertiser.

  1. Artwork & Graphic Design 

In these Advertising Terms a reference to the word “artwork” includes, but is not limited to, text, image(s), diagram(s), table(s), a colour scheme, a design or  ‘get up’.

The Advertiser will be responsible to obtain clearance from the copyright owner of any artwork supplied by the Advertiser. Ponderings and any associated person  shall not be responsible for errors in the Advertiser’s artwork.  The Advertiser is also responsible to ensure that the artwork is not misleading or defamatory in any way. The Advertiser will indemnify Ponderings and associated persons  for any loss suffered by Geelong Social Media , its servants or agents, if the Advertiser fails to honour its obligations as outlined above.

  1. Production

The Advertiser will be responsible for supplying artwork in a format acceptable to  Ponderings  guidelines for supplying artwork for information in regard to the acceptable format of artwork. The Advertiser agrees that it may incur additional charges if Ponderings agrees to accept artwork for the advertisement after the copy deadline. Production of the advertisement will commence only when Ponderings  receives the Advertiser’s written agreement to proceed subject to these Advertising Terms and approved proofs of the artwork. Ponderings  will retain copyright in any artwork it prepares and reserves the right to charge the Advertiser for supplying such artwork to a third party.

  1. Publication

Ponderings will use its best endeavours to produce the advertisement in accordance with the Advertiser’s instructions on a timely basis. The Advertiser will ensure that all design assets, fonts, images and design are owned by the Advertiser. Copyright will not be the responsibility of Ponderings or associated persons. The Advertiser agrees that it may incur additional charges if the Advertiser changes its instructions. Ponderings or associated persons reserves the right not to publish an advertisement for any reason and without obligation to notify the Advertiser before any deadline. Ponderings or associated persons does not accept responsibility if an advertisement is not published in a particular edition of any of Ponderings or associated persons publications, or at all. If Ponderings or associated persons is delayed by any circumstance or event beyond its control, then it may suspend or discontinue publication of any of its publications. Ponderings or associated persons shall not be liable to the Advertiser for any consequential loss or damage arising from the non-publication of the Advertiser’s advertisement.

  1. Payment

The Advertiser must pay to Ponderings or associated persons  the invoiced amount for the advertisement, including GST, BEFORE the advertisement is shown prior to the deadline for final proof of the advertisement. There are no credit accounts for Ponderings or associated persons Publications. If the Advertiser commits any act of insolvency, all money owing by the Advertiser to Ponderings or associated persons , will become due and payable immediately. Ponderings or associated persons reserves the right to suspend, with or without notice, any services if any payment due by the Advertiser to Ponderings or associated persons  is overdue. Please note that Ponderings or associated persons will not bear the cost of any bank fees incurred when making payment.

  1. Cancellations

Cancellations are at the discretion of Ponderings or associated persons  and applications to cancel publication of an advertisement must be made to Ponderings or associated persons  in writing by the Advertiser. If a cancellation is accepted by Ponderings or associated persons , the Advertiser agrees to pay a cancellation fee of 15% of the rate quoted if cancelled prior to the booking deadline, and 50% of the rate quoted if cancelled after the booking deadline; otherwise the Advertiser will pay the full amount quoted with respect to publication of the advertisement.

  1. Limitation Of Liability

To the extent permitted by law, Ponderings or associated persons  and its servants and agents are not liable for any loss or damage (including without limitation loss or damage caused by the negligence of Ponderings or associated persons , or its servants or agents, and incidental and consequential loss or damage) arising from or in connection with the supply of goods or services. To the extent permitted by law, the liability of Ponderings or associated persons or its servants or agents (including liability for negligence) is limited to republishing an advertisement in a subsequent edition of the publication. Ponderings or associated persons is not liable for any loss or damage the Advertiser may suffer if Ponderings or associated persons cannot do what it has promised because of events beyond its reasonable control. Ponderings or associated persons does not warrant the effectiveness of an advertisement as such the Advertiser relies on its own skill and judgement in this regard.

  1. Entire Agreement

The Advertiser agrees that Ponderings or associated persons will only supply goods and services pursuant to these Advertising Terms. An agreement between the parties may not be varied without the prior written consent of Ponderings or associated persons.

  1. Governing Law

The laws applying in Victoria, Australia, govern these Advertising Terms. The parties agree to submit to the non-exclusive jurisdiction of the courts exercising jurisdiction there.

  1. Severance

These Advertising Terms are qualified by any provision of a law which applies and which cannot be excluded. If any provision of these Advertising Terms is deemed to be unlawful or unenforceable, such provision shall be severed from these Advertising Terms and all other provisions hereof shall remain in force.

  1. Indemnity by Advertiser

The Advertiser will indemnify Ponderings or associated persons  for any loss suffered by Geelong Social Media , its servants or agents, if the Advertiser fails to honour its obligations as outlined above.

 

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