The Informant

Terms and Conditions of Advertising with Racing Media
ADVERTISEMENTS
The following Terms and Conditions will apply to all advertisements and notices ( advertisements ) received from the Customer for publication in all publications under Racing Media’s control on:
  1. display and classified advertising in The Informant newspaper , The Australasian A to Z of Thoroughbred Business and any other Racing Media publication.
  2. advertising in supplementary magazines and insert brochures.
  3. online advertising on the Racing Media website.

INCONSISTENT TERMS
These Terms and Conditions will apply notwithstanding that any order submitted by the Customer attempts to include terms that are inconsistent with these terms. For the avoidance of doubt the inconsistent terms will not apply and no waiver or other contractual principal will be implied except in any event where Racing Media expressly endorses in writing those inconsistent terms.

CUSTOMER
The expression  Customer  means the Advertiser and, where advertising has been placed with Racing Media by an advertising agency, includes that agency.

ENTIRE AGREEMENT
Subject to clause 20 of these terms, these Terms and Conditions (including booking confirmations if applicable) set out the entire agreement between the parties in relation to Newspaper Advertising, Website Advertising, Supplement Advertising, Other Advertising and supersede all prior arrangements, undertakings, representations and warranties by or between the parties in relation to such advertising.

CUSTOMER UNDERTAKINGS
The Customer undertakes to Racing Media that no advertisement will:
  1. infringe copyright, trade mark or other intellectual or industrial property rights of any person;
  2. give rise to any claims or liabilities for Racing Media;
  3. contain material that is obscene, offensive, defamatory, or otherwise unsuitable for publication;
  4. be, or be likely to be, misleading or deceptive or otherwise infringe the Fair Trading Act 1986 or any other statute, regulation or rule of law.
INDEMNITY
By submitting or authorising submission of an advertisement for publication, the Customer indemnifies Racing Media (and its employees and agents) against any proceedings, demands, losses, costs (including legal costs), damages and other liabilities incurred by Racing Media (and/or its employees and agents) in connection with the advertisement.

NO GUARANTEE
Racing Media does not guarantee that the Customer’s product featured in the advertisement will be the only product of that type featured in advertisements on any one page. Racing Media will not be responsible or liable to the Customer in any way if the Customer’s request cannot be granted, or the product featured in the Customer’s advertisement is not the only product of that type featured in advertisements on any one page. Racing Media will however endeavour to grant the Customer the environment and/or positioning the Customer requests for its advertisements.

RACING MEDIA RIGHTS
RACING MEDIA may in its discretion:
  1. without notice to the Customer alter or abbreviate any advertisement or insert the word  Advertisement  above or below any advertisement which in Racing Media’s opinion resembles editorial matter; or
  2. refuse to publish any advertisement;
  3. at any time and without notice to the Customer cancel, reject or refuse to publish or continue publishing any advertisement without providing any reason for such rejection or refusal at any time prior to, or after, publication of the advertisement, provided this right will not be unreasonably exercised;

CREDIT TERMS APPLY
The Customer agrees that payment is to be made no later than the 20th day of the month following publication. In the event of non-payment Racing Media may at it’s option refuse to publish any further advertisements of the customer until full payment is made.

GST
Unless otherwise stated by Racing Media, advertising rates are quoted exclusive of GST and the Customer will pay GST in addition to such rates.

EXCLUSION OF LIABILITY
Except as expressly provided in these Terms and Conditions, Racing Media excludes, to the fullest extent permitted by law, all warranties, representations and conditions whether implied by law, trade, custom or otherwise. In no circumstances will Racing Media (its employees or agents) be liable, whether in tort, contract or otherwise for any indirect loss, loss of profits, consequential loss or special damage suffered by the Customer or any other person. Racing Media’s (including Racing Media’s officers, employees and agents) liability to the Customer, or any other person, for any and all loss or damage arising in relation to these Terms and Conditions and/or advertisements (including from any errors or inaccuracies however caused, whether by negligence, system or press failure, mistake, mis-classifications, early, late or noninsertion of advertisements, or loss or delay in the delivery of replies) will be limited to an amount equal to the cost of the space of the relevant advertisement, provided that if the Customer does not advise Racing Media of any error within five days of publication of the advertisement Racing Media will have no liability whatsoever.

CONSUMER GUARANTEES ACT
If the Customer is a consumer under the Consumer Guarantees Act 1993 (the  Act ) and acquires or holds itself out as acquiring goods or services from Racing Media for the purposes of a business then the Act will not apply and is expressly excluded. Subject to this clause nothing in these Conditions will affect the Customer’s rights as a consumer under the Act.

NO LIABILITY FOR LOSS SUFFERED
Racing Media will not be liable to the Customer or any other person for any loss of whatever kind suffered as a result of an advertisement not being available for publication where such event arises from any cause beyond its control. (Any loss suffered as a result of any partial or total breakdown of Racing Media’s operation or network will be deemed to be an event beyond Racing Media’s control. Should such an event occur, Racing Media will take responsibility to resurrect site and links, and the Customer has the right to cancel the particular contract for the affected advertising at no penalty if such an occurrence results in the site being down for more than 7 working days (working days being Monday to Friday inclusive, but excluding statutory holidays) Nor will Racing Media be responsible for any error or inaccuracy in advertisements placed by telephone.

RETURN OF ADVERTISING MATERIAL
If the Customer wants back the advertising material submitted to Racing Media, the Customer must collect advertising material submitted to Racing Media immediately after publication. Racing Media will endeavour to take reasonable care of advertising material in its custody and control, but will not be responsible for any loss or damage to advertising material (even if caused by Racing Media’s negligence).

NO WAIVER
If any time Racing Media does not enforce any of these terms and conditions or grants the Customer time or other indulgence, Racing Media shall not be construed as having waived that term or condition or its right to later enforce that or any other term or condition.

CONFIDENTIALITY
The Customer acknowledges the confidential nature of the subject-matter of these Terms and Conditions ( Confidential Information ). The Customer accordingly undertakes to keep the Confidential Information confidential and not disclose any of the Confidential Information without the prior written consent of Racing Media. The Customer will ensure that its employees, agents, representatives and advisers observe the terms of this clause. The Customer indemnifies Racing Media against all losses, damages, costs or expenses which Racing Media may incur as a result of any unauthorised disclosure of the Confidential Information. This obligation of confidentiality will continue in full force until all of the Confidential Information has entered the public domain and will survive termination of these Terms and Conditions.

ASSIGNMENT
The Customer may not
  1. assign this Contract or any part of it (including advertising space allocated to it) to any third party; or
  2. place advertisements (whether directly or indirectly) on behalf of third party advertiser(s) (whether as an agent or otherwise), except on terms previously agreed with the Company. Advertisements are placed by a Customer on behalf of a third party advertiser where, for example (but without limitation), the advertisement promotes or otherwise notifies readers as to the goods or services of the third party advertiser rather than the Customer.

SEVERABILITY
If any provision of these Terms and Conditions is held illegal or unenforceable, then such illegality or unenforceability shall not affect the remaining provisions of these Terms and Conditions which shall remain in full force and effect.

JURISDICTION
These Terms and Conditions are governed by, and construed in accordance with the laws of New Zealand. The parties submit to the exclusive jurisdiction of the laws of New Zealand in respect of any dispute arising from these Terms and Conditions.

ADDITIONAL TERMS
In addition to these General Terms and Conditions the Customer acknowledges that all Informant Advertising, W ebsite Advertising and Supplement Advertising, including the conditions of payment, delivery and changes to or cancellation of such advertising, will be in accordance with and subject to the conditions notified to the Customer or generally published by Racing Media from time to time.

RACING MEDIA ABILITY TO CHANGE
Racing Media may vary these Terms and Conditions at any time in its sole discretion, provided that:
  1. such amended terms will not affect prior agreed advertising orders; and
  2. if the Customer does not agree with a variation.

DURATION OF CONTRACT
Subject to clause 21 these terms and conditions shall apply to each request to advertise with Racing Media by the Customer. Any change to these General terms and Conditions pursuant to clause 21 will apply from:
  1. any advertising orders requested after the date the Customer is notified of the changes.
  2. any advertising orders requested after a date one month from the date these changes are published on the Racing Media website www.racingmedia.co.nz.