| Terms of Service | ||
1. General.
Mental Health Classifieds is a service of
Mental Health Australia. As a standing policy, a deposit must be
submitted to Mental Health Australia in advance of initial advertising
date. By submitting advertising for inclusion on Mental Health
Australia, advertiser/agency agrees to be bound by the terms of this
contract. No conditions other than those set forth herein shall be
binding on Mental Health Australia. This contract supersedes any
previous agreements between Mental Health Australia and
advertiser/agency relating to the subject matter set forth herein.
Mental Health Australia' only obligation to serve advertisements
hereunder shall be to serve advertisements of the advertiser described
herein, and in no event shall Mental Health Australia be obligated to
serve advertisements for any other advertiser.
Cancellations and changes can be made via
the advertiser login. Mental Health Australia' advertising
specifications are accessible through the advertiser login. Mental
Health Australia reserves the right to change any of its advertising
specifications at any time.
All figures relating to the number of
advertisements served as determined by Mental Health Australia shall
govern, regardless of whether advertiser/agency is using the services of
a third party ad server. If Mental Health Australia fails to provide the
guaranteed number of impressions, Mental Health Australia will make good
on this contract.
Mental Health Australia offers no
exclusivity on keywords or phrases. Each advertiser will be given
ranking positions based upon the bid they enter on keywords/phrases.
Mental Health Australia reserves the right,
without liability, to reject, omit or exclude any advertisement or to
reject or terminate any links, buttons, boxes or banners for any reason
at any time, with or without notice to the advertiser/agency, and
whether or not such advertisement, link, button, box or banner was
previously acknowledged, accepted, or published.
Advertiser/agency grants Mental Health
Australia the right to use, reproduce, publicly display and distribute
advertiser's advertisments and collateral information and warrants that
advertiser/agency has the right to grant such license. Advertiser/Agency
represents that the advertiser is the owner or is licensed to use the
entire contents and subject matter contained in its advertisements and
collateral information, including, without limitation, (a) the names
and/or pictures of persons; (b) any copyrighted material, trademarks,
service marks, logos, and/or depictions of trademarked or service marked
goods or services; and (c) any testimonials or endorsements contained in
any advertisement submitted to Mental Health Australia. In addition,
advertiser/agency represents that the advertiser's advertisements and
collateral information do not violate any applicable local, state or
federal law or regulation. In consideration of Mental Health Australia'
acceptance of such advertisements and information for publication, the
advertiser and agency will jointly and severally indemnify and hold
harmless Mental Health Australia and its officers, directors,
shareholders, employees, accountants, attorneys, agents, parent,
affiliates, subsidiaries, successors and assigns from and against any
and all third party claims, damages, liabilities, costs and expenses,
including reasonable legal fees and expenses, arising out of or related
to: (i) advertiser/agency's breach of any covenants, representations and
warranties made therein, (ii) Mental Health Australia's performance
under this contract, and (iii) the copying, printing, distributing,
transmitting or publishing of advertiser's/agency's advertisements or
collateral information by Mental Health Australia.
UNDER NO CIRCUMSTANCES WILL MENTAL HEALTH
AUSTRALIA BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR LOST INCOME OR
PROFITS, IN ANY WAY ARISING OUT OF OR RELATED TO THIS CONTRACT, EVEN IF
Mental Health Australia HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH
DAMAGES.
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