Last updated: February 12, 2020

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to The Coupon Magazine Group Pty Ltd, PO Box 6209 Hammondville NSW 2170.

• Application means the software program provided by the Company downloaded by You on any electronic device, named Negotiator Magazine
• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Account means a unique account created for You to access our Service or parts of our Service.
• Website refers to Negotiator Magazine, accessible from www.nmags.com
• Service refers to the Application or the Website or both.
• Country refers to: New South Wales, Australia

• Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

• Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.

• Personal Data is any information that relates to an identified or identifiable individual.

• Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Phone number
• Address, State, Province, ZIP/Postal code, City
• Bank account information in order to pay for products and/or services within the Service
• Usage Data

When You pay for a product and/or a service via bank transfer, We may ask You to provide information to facilitate this transaction and to verify Your identity. Such information may include, without limitation:

• Date of birth
• Passport or National ID card
• Bank card statement
• Other information linking You to an address

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Information from Third-Party Social Media Services

The Company allows You to create an account and log in to use the Service through the following Third-party Social Media Services:

• Google
• Facebook
• Twitter

If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service's account, such as Your name, Your email address, Your activities or Your contact list associated with that account.

You may also have the option of sharing additional information with the Company through Your Third-Party Social Media Service's account. If You choose to provide such information and Personal Data, during registration or otherwise, You are giving the Company permission to use, share, and store it in a manner consistent with this Privacy Policy.

Information Collected while Using the Application

While using Our Application, in order to provide features of Our Application, We may collect, with your prior permission:

• Information regarding your location
• Information from your Device's phone book (contacts list)
• Pictures and other information from your Device's camera and photo library

We use this information to provide features of Our Service, to improve and customize Our Service. The information may be uploaded to the Company's servers and/or a Service Provider's server or it be simply stored on Your device.

You can enable or disable access to this information at any time, through Your Device settings. You can also enable or disable location services when You use Our Service at any time, through Your Device settings.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service.

You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser.

We use both session and persistent Cookies for the purposes set out below:

• Necessary / Essential Cookies

  Type: Session Cookies

  Administered by: Us

  Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

• Cookies Policy / Notice Acceptance Cookies

  Type: Persistent Cookies

  Administered by: Us

  Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

• Functionality Cookies

  Type: Persistent Cookies

  Administered by: Us

  Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

• Tracking and Performance Cookies

  Type: Persistent Cookies

  Administered by: Third-Parties

  Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new advertisements, pages, features or new functionality of the Website to see how our users react to them.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

• To provide and maintain our Service, including to monitor the usage of our Service.
• To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
• To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
• To manage Your requests: To attend and manage Your requests to Us.

We may share your personal information in the following situations:

• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to show advertisements to You to help support and maintain Our Service, to contact You, to advertise on third party websites to You after You visited our Service or for payment processing.
• For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
• With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
• With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
• With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Detailed Information on the Processing of Your Personal Data

Service Providers have access to Your Personal Data only to perform their tasks on Our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service providers to monitor and analyze the use of our Service.

• Google Analytics

  Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.

  For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

• Firebase

  Firebase is an analytics service provided by Google Inc.

  You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en

  We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.

  For more information on what type of information Firebase collects, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

Email Marketing

We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.

We may use Email Marketing Service Providers to manage and send emails to You.

• Mailchimp

  Mailchimp is an email marketing sending service provided by The Rocket Science Group LLC.

  For more information on the privacy practices of Mailchimp, please visit their Privacy policy: https://mailchimp.com/legal/privacy/

Behavioral Remarketing

The Company uses remarketing services to advertise on third party websites to You after You visited our Service. We and Our third-party vendors use cookies to inform, optimize and serve ads based on Your past visits to our Service.

• Google Ads (AdWords)

  Google Ads (AdWords) remarketing service is provided by Google Inc.

  You can opt-out of Google Analytics for Display Advertising and customise the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads

  Google also recommends installing the Google Analytics Opt-out Browser Add-on - https://tools.google.com/dlpage/gaoptout - for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.

  For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

• Facebook

  Facebook remarketing service is provided by Facebook Inc.

  You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950

  To opt-out from Facebook's interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217

   

  Facebook adheres to the Self-Regulatory Principles for Online Behavioural Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.

  For more information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation

Payments

We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).

We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

• Stripe

  Their Privacy Policy can be viewed at https://stripe.com/us/privacy

• PayPal

  Their Privacy Policy can be viewed at https://www.paypal.com/webapps/mpp/ua/privacy-full

When You use Our Service to pay a product and/or service via bank transfer, We may ask You to provide information to facilitate this transaction and to verify Your identity.

Children's Privacy

The Service may contain content appropriate for children under the age of 13. As a parent, you should know that through the Service children under the age of 13 may participate in activities that involve the collection or use of personal information. We use reasonable efforts to ensure that before we collect any personal information from a child, the child's parent receives notice of and consents to our personal information practices.

We also may limit how We collect, use, and store some of the information of Users between 13 and 18 years old. In some cases, this means We will be unable to provide certain functionality of the Service to these Users. If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

We may ask a User to verify its date of birth before collecting any personal information from them. If the User is under the age of 13, the Service will be either blocked or redirected to a parental consent process.

Information Collected from Children Under the Age of 13

The Company may collect and store persistent identifiers such as cookies or IP addresses from Children without parental consent for the purpose of supporting the internal operation of the Service.

We may collect and store other personal information about children if this information is submitted by a child with prior parent consent or by the parent or guardian of the child.

The Company may collect and store the following types of personal information about a child when submitted by a child with prior parental consent or by the parent or guardian of the child:

• First and/or last name
• Date of birth
• Gender
• Grade level
• Email address
• Telephone number
• Parent's or guardian's name
• Parent's or guardian's email address

For further details on the information We might collect, You can refer to the "Types of Data Collected" section of this Privacy Policy. We follow our standard Privacy Policy for the disclosure of personal information collected from and about children.

Parental Access

A parent who has already given the Company permission to collect and use his child personal information can, at any time:

• Review, correct or delete the child's personal information
• Discontinue further collection or use of the child's personal information

To make such a request, You can write to Us using the contact information provided in this Privacy Policy.

Your California Privacy Rights (California Business and Professions Code Section 22581)

California Business and Professions Code section 22581 allow California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.

To request removal of such data, and if you are a California resident, You can contact Us using the contact information provided below, and include the email address associated with Your account.

Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

• By visiting this page on our website: https://www.nmags.com/contact/

Last updated: October 2022

Please read these terms and conditions carefully before using Our Service.

What the Company will do for the Customer:

Once the Agreement has been executed, the company will:
i)       Provide the Customer with a copy of the Booking Order Form, Terms and
          Conditions of Trade, Application for Credit, the Guarantee, Artwork 
          Deadline Dates and Distribution Maps.
ii)      Create an advertisement for the Customer and send them an electronic 
          copy prior to the Artwork Deadline date for their approval.
iii)      Publish and distribute the advertisement as per the Agreement.
iv)     Publish advertising on Facebook, Negotiator Website and iPhone and 
          Android Apps.
v)      Provide an invoice to the Customer for the services provided.

What the Customer will do for the Company. 

Once the Agreement has been executed, the Customer will:
i)    Provide the Company with all artwork required to produce their 
          advertisement in a timely manner and prior to the Artwork Deadline date.
ii)    Stipulate any artwork changes required and once satisfied, approve the 
          advertisement in writing.
iii)    Once an invoice has been rendered, make payment in accordance with T&Cs.      

These ‘Terms and Conditions Of Trade’ comprise the terms and conditions of trade between the Company and the Customer (“the T&Cs”). By executing a Booking Order Form and/or ‘Application For Credit Account’ with the Company, the Customer acknowledges having read, understood and agrees to be bound by the T&Cs.

Definitions
1.1.    In the T&Cs: -
“Account” means the sequence of debits and credits between the Customer and the Company.
“Advertisement(s)” means an advertisement(s) created/published by the Company under the Agreement.
“Agreement” means the Contractual Documents under which the Company provides the Customer with the Services.
“Artwork Deadline Date” means the date which is fourteen (14) business  days prior to the Publication.
“Booking Order Form” means the form by which the Customer requests the Company to provide it with Advertisements.
“Company”, “Publisher” or “Secured Party” means The Coupon Magazine Group Pty. Ltd. (ACN 111 900 684).
“Contractual documents” means the Application for Credit Account, the Guarantee, the Booking Order Form and these T&Cs.
“Contra” means when the Publisher and the Customer agree to barter or exchange goods and/or services without cash changing hands
“Credit” means the provision of goods and/or services in exchange for future payment.
“Credit Account” means any account for Credit which records the sequence of debits and credits between the Customer and the Company.
“Credit Account Application” means the document by which the Customer requests the Company to provide it with a Credit Account.
“Customer,” “Advertiser” or “Grantor” means the entity requesting services from the Company.
“Default” means a breach of the terms of the Agreement.
“Editorial” means comment made the Company and included in the publication by the Company that is designed to inform or educate and is not created to endorse any advertised product or attempt to sell something.  
“Forward Bookings” means bookings made at any time during or after the initial term of the Agreement.
“Guarantee” means an entity’s guarantee of the Customer’s obligations under the Agreement.
“Guarantor” and “Grantor” means the entity that has given a Guarantee.
“Order” means when a Customer requests the Company to provide services, and specifies the term.
“Overdue Account” is an Account which the Customer has not paid in time.

“Parties” means the Company, the Customer, and any Guarantor.
“Publication” is when the Company publishes an Advertisement in any medium.
“Publication Area” means the geographic region within which the Company publishes Publications. 
“Services” means the Advertisement(s) the Order and the Publication.
“Standard Rates” means the amount payable for the Company’s services, before any discounted or negotiated rate is applied.

Credit Terms: 
i)    The Advertiser, where required by the Publisher, shall provide a completed Credit Application  
         form and where applicable also provide Directors and/or Personal Guarantees.
ii)    The Company will grant Credit to a Customer on receipt and acceptance of a  completed and  
         executed Credit Account Application and Guarantee at its sole discretion.
iii)    The Publisher reserves the right to use the services of a credit-reporting agency 
         should credit facilities be required by the Advertisers.
iv)    The Publisher will tender a combined monthly Tax Invoice/Statement that details all 
         current and overdue transactions. The advertiser shall pay in full the total monthly 
         Tax Invoice/Statement amount and
v)    Where there is a written contract in place, payment to be made in accordance with 
         that contract and,
vi)    Where the Advertiser is an Advertising Agent, within thirty (30) days from the Tax 
         Invoice/Statement date, or
vii)    In all other cases, within fourteen (14) days from the Tax Invoice/Statement date.
viii)    Credit facilities may be withdrawn or suspended on overdue accounts at the 
         Company’s discretion and without notice. 
ix)    If a Credit Account is suspended and/or revoked, the amount of the Account 
         becomes due and payable immediately by the Customer and Guarantor.
x)    The Customer and Guarantor agree that they must make the payment required by 
         clause ix without any off set or deduction for any reason whatsoever.

Interest on Overdue Accounts:
The Advertiser is liable to pay the Company interest on any Overdue Account from the date(s) on which any account becomes due, at a rate of either: -
i)    12% per annum
ii)    8.% higher than the NSW Office of State Revenue money market rate; or
iii)    2% higher than the Company’s overdraft/other facility rate, whichever is the higher.

Administration Fees:
The Customer is liable to pay the Company an administration fee for each Overdue Account (from time to time) in an amount equal to the costs which are incurred by the Company.

Indemnification:
i)    The Advertiser agrees to indemnify the Company for all costs, losses, damages, and 
         expenses incurred by it in recovering an Overdue Account, or otherwise enforcing a 
         term of the Agreement, including legal costs on a full solicitor, client legal basis.
ii)    The Customer undertakes that it is solely liable for the content of any 
         Advertisement, and agrees to indemnify the Company from any claim, loss, 
         damage, or expense (including legal costs on a full indemnity basis) incurred in 
         relation to the content of any advertisement.

Security Interests:
i)    In the event of a Default or breach of the Agreement, the Customer and Guarantor 
         irrevocably consent to the Company lodging a caveat over any of their real 
         property.

Company Rights:
i)    In the event of a Contra, if the Advertiser fails to provide all or part of the service 
         that it has offered in return for the Publishers placement of  advertisements in the 
         publication as agreed, the Advertiser shall be liable to pay for all advertisements at 
         the Publishers usual standard rate pus any damages incurred.
ii)    The Publisher reserves the right to charge a late copy fee for material received 
          after the booking deadline for any publication.
iii)    The Customer authorises the Company, and the Company may at its sole discretion, 
          change the manner of creation and delivery of the Services so long as the Services  
          remain substantially similar to the Service provided immediately prior to such 
          change. For example, the Company may use a different delivery method, or a 
          different quality or size of paper.

Deadlines:
i)    The Customer must provide to the Company an Order and all other relevant 
         material or instructions by the Artwork Deadline Date.
ii)    The Publisher reserves the right to charge a late copy fee for material received 
         after the Artwork Deadline Date for any Publication.
iii)    If Deadlines Clause i) is not complied with, the Publisher shall be entitled to insert 
         in that issue in its place copy previously used for the purposes of the order and to 
         apply the rate applicable to that advertising.

Requested Positions and/or Layouts:
i)    Requested positions within the Publications are subject to the Publisher’s approval.
ii)    The company will use its best endeavours to comply with any request however, is 
         not obliged to do so.
iii)    Should the requested position be unavailable, the Advertiser is still liable for, at a 
         minimum, the base rate applicable to the advertisement.

Exclusivity:
i)    The Negotiator Magazine will take all efforts to ensure its clients have product 
         exclusivity in their advertising, but makes no promises or guarantees in this regard. 
ii)    The Publisher will not be legally liable or accountable if there is a conflict of 
         products or services in any part of any of the Publisher’s publications.
iii)    Where there appears to be a conflict of products or services, the Publisher will 
         make every effort to advise clients and give them the opportunity to change their 
          artwork. 
iv)    Conflict between and individual store listed in a Shopping Centre advertisement and 
         another listed store or advertiser of similar product/ services in the same magazine 
         is not considered to be a breach of exclusivity.
v)    The Negotiator Magazines are not responsible or liable for any advertisements 
         supplied directly by the Shopping Centre’s Centre Management.
vi)    Please note that a search on the Negotiators Magazines website/app might result in 
         a display of multiple businesses of the same nature that are currently advertising in 
          their respective areas or edition.  This is not considered to be a breach of 
         exclusivity.
vii)    The Customer remains liable to pay the Company without any offset or deduction.

Forward Bookings:    
Any forward bookings are subject to rate adjustments which may be introduced by the Publisher. Once notified of any variation, the Customer will be deemed to accept that variation during the term of the Agreement or any order after that notice.

Disputes:
Any dispute arising from any advertisement placed for publication with the Publisher must be lodged in writing with the Publisher within 7 days of the publication issue date. 

Suspension of Services:
i)    The facility exists for a client to temporarily suspend their advertising commitment 
         under the Agreement.
ii)    In this instance the client must give 14 clear working days written notice before the 
          Artwork Deadline Date for the Publication of their intention to suspend their 
         commitment. 
iii)    The client will be permitted one (1) suspension per contract period and the 
         suspension cannot extend beyond one editions before the commitment is resumed.
iv)    The Customer’s Advertisement will automatically continue to Publication following 
         the expiration of the suspension Publication period, and the Agreement will be 
         automatically extended by the term of the suspension.
v)    If, at the time the Customer is due to resume advertising and advertising space is 
         not available, the client will be so advised and informed of the next available 
         publication date.
vi)    The absence of available space does not absolve the client of their obligation to 
         their contract and this clause.

Cancellation:
i)    The Publisher will not accept a cancellation of the order whether in whole or in part 
         a minimum of 14 working days prior to publication date; or where in respect of 
         any series of advertising, copy for any issue is not received by the Publisher by the 
         appropriate deadline date. 
ii)    All cancellations must be in writing to the Publisher.
iii)    If clause i) is not complied with, the Publisher shall be entitled to insert in that 
          issue in its place copy previously used for the purposes of the order and to apply 
          the rate applicable to that advertising. 
iv)    Where a negotiated loyalty rate or discounted rate has been applied, and the client 
         elects to repudiate/cancel the contract, cancellation fees will apply. The cancellation 
         rate will apply calculated on 90% of the card rate plus GST, OR the discounted rate 
         already applied plus GST whichever is the lower for the remainder of the term 
         already agreed upon. 
v)    The Parties agree that these percentages are a genuine pre-estimate of the 
        Company’s’ loss arising by virtue of the early termination of the Agreement.
vi)    The Company may, on 30 days’ notice, terminate this Agreement for convenience. If 
         the company so elects and provides the notice, the Customer releases and 
        discharges the Company from any and all liability, claim, loss or damage.
vii)    The Customer and Guarantor must immediately pay all monies due and owing to the 
         Company without set off or deduction of any kind.

Contravention of Law:
The Publisher may at its discretion, refuse to accept any advertising material, the publication of which may, in its opinion contravene any provision of the Trade Practices Act, 1974 or any subsequent Act or amendment to the Act which may from time to time become applicable.

Liability Limitation:
i)    The Customer warrants that it does not rely on any representation as to the effect 
         that the Agreement may have on the Customers’ business. 
ii)    The Publisher offers no guarantees as to responses or the success or otherwise of 
         any advertisements placed in its magazines.
iii)    No responsibility is accepted by the publisher for the accuracy of any information 
         contained in any articles or advertisements

Company’s’ right to utilise Customers’ Advertising Material/Intellectual Property:
i)    The Publisher reserves the right to use any copy, images or photographs supplied 
         by any means by the Advertiser, either directly, by consent or provided by the 
         Publisher on behalf of the Advertiser.
ii)    The Advertiser hereby indemnifies and agrees to hold indemnified the Publisher, 
          its servants, and agents and each of them against all liability, claims or 
         proceedings whatsoever which may arise from the publication of any material 
         pursuant to the Order.
iii)    In particular, but without limiting the generality of the foregoing to indemnify and 
         hold indemnified each and all of them against any action for defamation, slander of 
         title, breach of copyright or infringement of any trade mark, name or description, 
          invasion of any trade mark, name or description, invasion of privacy or breach of 
         any provision of the Trade Practices Act, 1974.
iv)    All artwork supplied by the Company or its subsidiaries remains the property of the 
         company. 
v)    The Company owns all rights, title and interest in any intellectual property 
          developed by the Company under the terms of the Agreement. 
vi)     Advertisements sent for approval will be in low resolution and under no 
         circumstance will any artwork or advertisements be provided to any Customer in 
         high resolution without the written authorisation of the Company.
vii)    In such case, a negotiated fee may apply.

Editorial:
The provision of an editorial does not form a part of this agreement and shall be provided at the absolute discretion of the Publisher.

Entire Agreement:
i)    The T&Cs take precedence over any term of the Contractual Documents which are 
          or may not be consistent with them. 
ii)    The Contractual Documents comprise the entirety of the Agreement between the 
         Parties.
iii)    The Customer warrants that they have not relied on any representation or any other 
         matter that is not included in the Contractual Documents.

Jurisdiction:
The Advertiser hereby agrees that all or any litigation that arises from this agreement, either for civil claims, damages, or breach of contract, shall be subject to the laws of, and jurisdiction of the appropriate courts in the state of New South Wales and shall be heard in New South Wales.

Severability:
Any clause, or part of a clause, in these T&C’s may be severed by a Court of competent jurisdiction, without having any effect on the remaining clauses, or rights and obligations as between the parties.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By visiting this page on our website: https://www.nmags.com/contact/