The Bay Island Newspaper website (Website/ Websites in the group) is owned and operated by Bay Island Newspaper. Your use of, and access to, the Website constitutes your agreement to the Terms of Use set out below and any other terms set out elsewhere on the Website. Bay Island Newspaper may amend the Terms of Use at any time.
Intellectual Property Rights in the Content on the Website
All information, graphics, and other material on the Website (Content) is owned or licensed by Bay Island Newspaper or one of its affiliates and is protected by Australian and international laws relating to copyright and trade marks.
You must not use the Content in any manner or for any purpose that is unlawful or in any manner which violates any right of Bay Island Newspaper. You must not edit or otherwise modify copy or otherwise reproduce, transmit or otherwise distribute any of the Content except for a purpose which would reasonably have been intended by Bay Island Newspaper.
Each of the mastheads listed on the Website is a trademark of Bay Island Newspaper or one of its affiliates. Nothing contained on the Website constitutes the grant of a licence or right of use of any trademark displayed on the Website.
Affiliates
For the purposes of these Terms of Use and the operation of this Website, Bay Island Newspaper's affiliates are the mastheads displayed and links attached and the companies which publish each of the newspapers, magazines, online properties and other media listed on the Website.
Booking Advertisements
Nothing on this Website constitutes an offer for the preparation, placement, or publication of an advertisement. No guarantees are provided regarding the availability of placement. The Website gives indicative information only regarding advertising in the various publications listed on the Website. Rates quoted are not binding on Bay Island Newspaper or any of its affiliates.
Any person who wants to place an advertisement in any of the publications listed on the Website must contact a Bay Island Newspaper Sales representative in order for rates to be finalised and final bookings to be confirmed. For publication contact details, please see the sales contacts listed on each brand’s page. Final rates applicable for any booking will be reflected in the booking order form. Advertising accepted by the publications representative and is subject to the ordinary terms and conditions set out in the order form or rate card and is between Advertiser and the relevant publisher of the Bay Island Newspaper publication in which the advertising is to be published.
Rates and Specifications
Bay Island Newspaper does not warrant the accuracy of the Content. All rates and specifications are subject to change at Bay Island Newspaper’s sole discretion and without notice. The list of publications may also change at any time and no warranties are made in relation to the continued publication of the listed newspapers, inserts or sections.
All rates are stated whether they are inclusive or exclusive of GST and other applicable taxes, which must be paid by the advertiser. Rates are not inclusive of publishing costs associated with placement of advertising material. Publishing costs are also payable by the advertiser.
All planned editorial content, including features, sections and special reports to be published in Bay Island Newspaper ' publications is subject to change or cancellation without notice.
Indemnity
Each person using or accessing any part of the Website indemnifies Bay Island Newspaper, its affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense arising their use of the Website or publications advertising in.
Liability
Bay Island Newspaper does not accept any liability for loss or damages (including for any indirect, special, economic or consequential loss or damage) incurred by any person as a result of reliance on the Content or any other information incorporated into the Website or publications by reference. This limitation of liability applies regardless of whether the loss or damage was caused by negligence or otherwise and whether or not Bay Island Newspaper was aware or should have been aware of the possibility of such damage. The Content is provided on the basis that all persons accessing the Website undertake the responsibility for assessing the accuracy of its Content and that they rely on it entirely at their own risk.Â
To the extent permitted by law, all other representations, conditions or warranties, whether based in statute, common law or otherwise, are excluded. Liability of Bay Island Newspaper for any breach of a term or condition implied by law is limited, at Bay Island Newspaper and its affiliates option, to the supply of any service again or the payment for the cost of having any service supplied again.
Privacy Policy
The website is operated in accordance with the Bay Island Newspaper Privacy Policy.
STATEMENT REGARDING PRIVACY POLICY
Bay Island Newspaper recognises the importance of protecting the privacy of personally identifiable information collected about our customers. For the purposes of this Privacy Statement, the word customers includes visitors to our web sites, subscribers to and users of our services, purchasers of our products and advertising customers.
We are bound by the National Privacy Principles in the Privacy Act 1988 (Cth) in relation to the handling of personal information. Where appropriate we will handle personal information relying on the media exemption (but complying with the Australian Press Council Privacy Standards), related bodies corporate exemption and the employee exemption in the Privacy Act.
Personal Information
Bay Island Newspaper collects personal information when we provide our services to you. Generally we will tell you why we are collecting information when we collect it and how we plan to use it or these things will be obvious when we collect the information. We usually collect personal information directly from you although sometimes we may use agents or service providers to do this for us. We may also acquire lists from other sources, both from other companies and from other public documents.
Use of Information
We usually collect personal information such as your name, address, telephone number, and in some instances, your financial details. When you are online, we collect information regarding the pages within our network which you visit and what you click on. As a general rule we do not collect sensitive information. However, if we do, it will usually be for the purposes of providing our goods or services and if the law requires us to, we will seek your consent to collect it.
We use your information to provide our services to you, to fulfil administrative functions associated with these services, for example billing, to enter into contracts with you or third parties and for marketing and client relationship purposes. Where your personal information is contained within an advertisement which we publish for you, we may also use your information for publication of that same advertisement in other media, in accordance with the terms and conditions of the initial publication. We may share your information with other companies which are related to Bay Island Newspaper within Australia. We or they may also use your personally identifiable information to assist us in improving our products and services and any of us might be in touch to let you know about goods, services, or promotions which may interest you.
Use by Third Parties
Bay Island Newspaper may disclose your information to its service providers and contractors from time to time to help us to provide and market our goods and services to you. We may also share your information with third parties who provide prizes for competitions or reader offers. If we do this we generally require these parties to protect your information in the same way we do.
Use of Aggregate Data
We may collect certain non-personal information to optimise our goods and services including our Web pages for your computer (e.g., the identity of your Internet browser, the type of operating system you use, your IP address and the domain name of your Internet service provider). We may use such non-personal information for internal purposes, including but not limited to improving the content of our sites. Bay Island Newspaper may use personally identifiable information in aggregate form to improve our goods and services including our Web sites and make them more responsive to the needs of our customers. This statistical compilation and analysis of information may also be used by Bay Island Newspaper or provided to others as a summary report for marketing, advertising or research purposes.
Security
Bay Island Newspaper strives to ensure the security, integrity and privacy of personally identifiable information of our customers. We use a variety of physical and electronic security measures including restricting physical access to our offices and firewalls and secure databases to keep personal information secure from misuse, loss or unauthorised use or disclosure. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.
Access to Personal Information
You have a right to access most personal information we hold about you and if we deny access in some circumstances we will tell you why. To request access, please contact our privacy officer as set out at the end of this document.
Public Information
Any information posted on bulletin boards and/or communicated in chat areas becomes public information. While Bay Island Newspaper strives to protect and respect your privacy, we cannot guarantee the security of any information you disclose in a chat room or bulletin board.
Cookies
Cookies are data that a Web site transfers to an individual's hard drive for record-keeping purposes. Cookies can facilitate a user's ongoing access to and use of a site. They allow us to track usage patterns and to compile data that can help us improve our content and target advertising. If you do not want information collected through the use of Cookies, there is a simple procedure in most browsers that allows you to deny or accept the Cookie feature. But you should note that Cookies may be necessary to provide you with features such as merchandise transactions or registered services.
Online Links to Third Party and Co-Branded Sites
Bay Island Newspaper may establish relationships with business partners that allow visitors to our Internet sites to link directly to sites operated by these partners. Some of these sites may be "co-branded" with our logo; however, these sites may not be operated or maintained by or on our behalf. These sites may collect personal information from you that may be shared with us. This Privacy Statement will apply to any personal information we obtain in this manner.
Bay Island Newspaper is not responsible for the content or practices of Web sites operated by third parties that are linked to our sites. These links are meant for the user's convenience only. Links to third party sites do not constitute sponsorship, endorsement or approval by Bay Island Newspaper of the content, policies or practices of those third party sites. Once you have left our site via such a link, you should check the applicable privacy policy of the third party site.
What else you should know about privacy on the internet
Remember to close your browser when you have finished your user session. This is to ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place like a library or Internet cafe. You as an individual are responsible for the security of and access to your own computer.
Whenever you voluntarily disclose personal information over the Internet that this information can be collected and used by others. In short, if you post personal information in publicly accessible online forums, you may receive unsolicited messages from other parties in return. Ultimately, you are solely responsible for maintaining the secrecy of your username and passwords and any account information. Please be careful and responsible whenever you are using the internet.
For further information
Please contact our office to ask for access to your information or if you have a complaint concerning your information privacy or if you would like more information about our approach to privacy.
61 7 3409 4882
PO Box 1139
Macleay Island Q 4184
Website Terms and Conditions
Bay Island News and Redland City News and DOTS
ADVERTISING TERMS
These terms apply to all advertising provided to any person (‘Customer’) by Bay island News, Redland City News or DOTS. The customer includes an advertiser on whose behalf Advertising is placed or any media company or agency that arranges the Advertising for its clients.
1. Publication of Advertising
1.1 Subject to these Terms, Bay Island News will use its reasonable endeavors to publish advertising (‘Advertising’) in the format and in the position agreed with the Customer. ‘Advertising’ includes images submitted for publication and content or information relating to published Advertisements.
1.2 Customer grants Bay island News, Redland City News or DOTS a worldwide, royalty-free, non-exclusive, irrevocable license to publish, and to sub-licence the publication of, the Advertising in any form or medium, including print, online or other. Customer warrants that it is authorised to grant Bay island News, Redland City News or DOTS the license in this clause 1.
2. Right to Refuse Advertising
2.1 Neither these Terms nor any written or verbal quotation by Bay island News, Redland City News or DOTS represents an agreement to publish Advertising. An agreement will only be formed between Bay island News, Redland City News or DOTS and Customer when Bay island News, Redland City News or DOTS accepts the Advertising in writing or generates a tax invoice for that Advertising.
2.2 Bay island News, Redland City News or DOTS reserves the right to refuse or withdraw from publication any Advertising at any time without giving reasons (even if the Advertising has previously been published by Bay island News, Redland City News or DOTS).
3. Right to vary Format, Placement or Distribution
3.1 Bay island News, Redland City News or DOTS will use reasonable efforts to publish Advertising in the format and in the position requested by the Customer. However, Bay island News, Redland City News or DOTS reserves the right to vary the placement of Advertising within a title or website or to change the format of Advertising (including changing colour to black and white).
3.2 Bay island News, Redland City News or DOTS may distributed any Moreton Bay Islands or suburbs withing Redland City .
3.3 Except in accordance with clause 12, Bay island News, Redland City News or DOTS will not be liable for any loss or damage incurred by a Customer arising from Bay island News, Redland City News or DOTS’s failure to publish Advertising in accordance with a Customer’s request.
3.4 If Bay island News, Redland City News or DOTS changes the press configuration for a publication, Bay island News, Redland City News or DOTS reserves the right to shrink or enlarge the Advertising by up to 10% without notice to Customer or any change to rates.
4. Submission of Advertising
4.1 Customer warrants to Bay island News, Redland City News or DOTS that the publication of the Advertising does not breach or infringe:
(a) the Competition and Consumer Act or equivalent State legislation;
(b) any copyright, trade mark, obligation of confidentiality or other personal or proprietary right;
(c) any law of defamation, obscenity or contempt of any court, tribunal or royal commission;
(d) State or Commonwealth privacy legislation or anti-discrimination legislation;
(e) any financial services law as defined in the Corporations Act 2001 ; or
(f) any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory).
4.2 Customer warrants that if Advertising contains the name or photographic or pictorial representation of
any living person and/or any copy by which any living person can be identified, the Customer has obtained the authority of that person to make use of his/her name or representation or the copy.
4.3 Advertising containing contact details for the Customer must contain the full name and street address of the Customer. Post office box and email addresses alone are insufficient.
4.4 If a Customer submits Advertising that looks, in Bay island News, Redland City News or DOTS’s opinion, like editorial material, Bay island News, Redland City News or DOTS may publish the Advertising under the heading ‘Advertising’ with a border distinguishing it from editorial.
4.5 Bay island News, Redland City News or DOTS will not be responsible for any loss or damage to any Advertising material left in its control.
4.6 Advertising submitted electronically must comply with Bay island News, Redland City News or DOTS’s specifications. Bay island News, Redland City News or DOTS may reject the Advertising material if it is not submitted in accordance with such specifications.
4.7 Advertising material delivered digitally must include the Bay island News, Redland City News or DOTS booking information.
4.8 If Customer is a corporation and the Advertising contains the price for consumer goods or services, Customer warrants that the Advertising complies with the component pricing provisions of the Competition and Consumer Act and contains, as a single price, the minimum total price to the extent quantifiable at time of the Advertising.
4.9 Customer must not resell Advertising space to any third party without Bay island News, Redland City News or DOTS’s consent.
4.10 If Advertising promotes a competition or trade promotion, Customer warrants it has obtained all relevant permits and indemnifies Bay island News, Redland City News or DOTS against any loss in connection with the Advertising.
5. Classified Advertising
5.1 Bay island News, Redland City News or DOTS will publish classified Advertising under the classification heading it determines is most appropriate. These headings are for the convenience of readers. Bay island News, Redland City News or DOTS will publish classified display Advertising sorted by alphabetical caption and, where space permits, with related line Advertising.
6. Online Advertising
6.1 For online banner and display Advertising, Customer must submit creative materials and a click through URL to Bay island News, Redland City News or DOTS at least 3 working days (5 working days for non-gif material) or within such other deadline advised by Bay island News, Redland City News or DOTS at its discretion before publication date. Bay island News, Redland City News or DOTS may charge Customer for online Advertising canceled on less than 30 days notice or if creative materials are not submitted in accordance with this clause 6.1.
6.2 All online Advertising (including rich media) must comply with Bay island News, Redland City News or DOTS’s advertising specifications.
6.3 Bay island News, Redland City News or DOTS will measure online display and banner Advertising (including impressions delivered and clicks achieved) through its ad-serving systems. Results from Customer or third party ad-servers will not be accepted for the purposes of Bay island News, Redland City News or DOTS’s billing and assessment of Advertising.
6.4 Bay island News, Redland City News or DOTS is not liable for loss or damage from an internet or telecommunications failure.
6.5 Customer acknowledges that Bay island News, Redland City News or DOTS may at its discretion include additional features or inclusions such as third party advertisements within online classified Advertising.
7. Errors
7.1 Customer must promptly check proofs of Advertising (if provided to the Customer by Bay island News, Redland City News or DOTS) and notify Bay island News, Redland City News or DOTS of any errors in the proofs or in published Advertising.
7.2 Bay island News, Redland City News or DOTS does not accept responsibility for any errors submitted by the Customer or its agent, including errors in Advertising placed over the telephone.
7.3 Customer must send any claim for credit or republication in writing to Bay island News, Redland City News or DOTS no later than 7 days after the date of publication of the Advertising.
8. Advertising Rates and GST
8.1 The Customer must pay for Advertising, unless otherwise agreed, at the casual rate card rate. Rate card rates may be varied at any time by Bay island News, Redland City News or DOTS without notice. Customer must pay GST at the time it pays for Advertising. Bay island News, Redland City News or DOTS will provide a tax invoice or adjustment note (as applicable).
8.2 Eligibility for discounts or rebates will be based on the Customer’s GST-exclusive advertising spend.
9. Credit and Customer Accounts
9.1 Bay island News, Redland City News or DOTS may grant, deny or withdraw credit to a Customer at any time in its discretion. Customer must ensure that its Customer account number is available only to those employees authorised to use it. Customer acknowledges it will be liable for all Advertising placed under Customer’s account number.
10. Payment
10.1 The Customer must pre-pay for Advertising if required by Bay island News, Redland City News or DOTS. If Advertising is on account, payment must be within 7 days of date of the invoice or, for certain Bay Island News, Redland City News and DOTS publications, within 21 days of the end of the month in which the invoice is issued. If a commercial account has been established with Bay island News, Redland City News or DOTS, payment must be within 30 days of invoice date.
10.2 If Customer fails to provide the copy for a booking by publication deadline, Customer will be charged unless a cancellation is approved by Bay island News, Redland City News or DOTS. If Bay island News, Redland City News or DOTS accepts Advertising after the deadline, it will be deemed out of specification. Customer has no claim against Bay island News, Redland City News or DOTS for credit, republication or other remedy for out of specification Advertising.
10.3 Customer must pay the full price for Advertising even if Bay island News, Redland City News or DOTS varied the format or placement of the Advertising or if there is an error in the Advertising, unless the error was Bay island News, Redland City News or DOTS’s fault. Customer must pay its electronic transmission costs.
11. Failure to Pay and Other Breach
11.1 If Customer breaches these terms, fails to pay for Advertising or suffers an Insolvency Event (defined in clause 11.2), Bay island News, Redland City News or DOTS may (in its discretion and without limitation):
(a) cancel any provision of credit to Customer;
(b) require cash pre-payment for further Advertising;
(c) charge interest on all overdue amounts at the rate 2% above the NAB Overdraft Base Rate;
(d) take proceedings against the Customer for any outstanding amounts;
(e) recover Bay island News, Redland City News or DOTS’s costs including mercantile agency and legal costs on a full indemnity basis;
(f) cease publication of further Advertising or terminate an agreement for Advertising not published;
(g) exercise any other rights at law.
11.2 A Customer suffers an ‘Insolvency Event’ if:
(a) Customer is a natural person and commits an act of bankruptcy; or
(b) Customer is a body corporate and cannot pay its debts as and when they fall due or enters an arrangement with its creditors other than in the ordinary course of business or passes a resolution for administration, winding up or liquidation (other than for the purposes of reorganisation or reconstruction); or has a receiver, manager, liquidator or administrator appointed to any of its property or assets or has a petition presented for its winding up.
11.3 Bay island News, Redland City News or DOTS may withhold any discounts or rebates if Customer fails to comply with its payment obligations.
11.4 A written statement of debt signed by an authorised employee of Bay island News, Redland City News or DOTS is evidence of the amount owed by the Customer to Bay island News, Redland City News or DOTS.
12. Liability
12.1 The Customer acknowledges that it has not relied on any advice given or representation made by or on behalf of Bay island News, Redland City News or DOTS in connection with the Advertising.
12.2 Bay island News, Redland City News or DOTS excludes all implied conditions and warranties from these terms, except any condition or warranty (such as conditions and warranties implied by the Competition and Consumer Act and equivalent State acts) which cannot by law be excluded (‘Non-excludable Condition’).
12.3 Bay island News, Redland City News or DOTS limits its liability for breach of any Non-Excludable Condition (to the extent such liability can be limited) and for any other error in published Advertising caused by Bay island News, Redland City News or DOTS to the re-supply of the Advertising or payment of the cost of re-supply (at Bay island News, Redland City News or DOTS’s option).
12.4 Subject to clauses 12.2 and 12.3, Bay island News, Redland City News or DOTS excludes all other liability to the Customer for any costs, expenses, losses and damages incurred in relation to Advertising published by Bay island News, Redland City News or DOTS, whether that liability arises in contract, tort (including by Bay island News, Redland City News or DOTS’s negligence) or under statute. Without limitation, Bay island News, Redland City News or DOTS will in no circumstances be liable for any indirect or consequential losses, loss of profits, loss of revenue or loss of business opportunity.
12.5 The Customer indemnifies Bay island News, Redland City News or DOTS and its officers, employees, contractors and agents (the ‘Indemnified’) against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising from the Customer’s breach of these Terms and any negligent or unlawful act or omission of the Customer in connection with the Advertising.
13. Privacy
13.1 Bay island News, Redland City News or DOTS collects a Customer's personal information to provide the Advertising to the Customer and for invoicing purposes. Bay island News, Redland City News or DOTS may disclose this personal information to its related bodies corporate, to credit reporting agencies and other third parties as part of provision of the Advertising and for overdue accounts, to debt collection agencies to recover amounts owing.
13.2 Bay island News, Redland City News or DOTS provides some published Advertising to third party service providers. Where such Advertising contains personal information, Customer consents to the disclosure of their personal information in the advertising to third parties and to the personal information being republished by a third party.
13.3 Customers may gain access to their personal information by writing to the Bay island News, Redland City News or DOTS, PO Box 1139, Macleay Island, Qld 4184.
14. Confidentiality
14.1 Each party will treat as confidential, and will procure that its advertising agents, other agents, and contractors (‘Agents’) treat as confidential and will not disclose, unless disclosure is required by law:
(a) the terms of this Agreement (including terms relating to volumes and pricing);
(b) information generated for the performance of this Agreement, including all data relating to advertising schedules, budgets, forecasts, booked advertising, prices or volumes;
(c) any other information that ought in good faith to be treated as confidential given the circumstances of disclosure or the nature of the information;
(d) any information derived wholly or partly for any information referred to in (a) to
(c) above;
Each party agrees to take all reasonable precautions to prevent any unauthorised use, disclosure, publication or dissemination of the confidential information by or on behalf of itself or any third party.
15. General
15.1 These Terms, with any other written agreement, represent the entire agreement of the Customer and Bay island News, Redland City News or DOTS for Advertising. They can only be varied in writing by an authorised officer of Bay island News, Redland City News or DOTS. No purchase order or other document issued by the Customer will vary these Terms.
15.2 Bay island News, Redland City News or DOTS will not be liable for any delay or failure to publish Advertising caused by a factor outside Bay island News, Redland City News or DOTS’s reasonable control (including but not limited to any act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).
15.3 Bay island News, Redland City News or DOTS may serve notice on Customer by post or fax to the last known address of the Customer.
15.4 These Terms are governed by the laws of the State in which the billing company for the Advertising is located and each party submits to the non-exclusive jurisdiction of that State.
Advertising Terms and Conditions
