The course provider specified on the booking form (The "Advertiser") by signing it, submitting any advertisement or engaging courseresource.com.au (The "Publisher") to prepare or produce any advertisement agrees to the following terms and conditions of advertising:
(1) Artwork
- (a) Advertisements are positioned entirely at the discretion of the Publisher.
- (b) The Publisher reserves the right to reject or omit from publication any advertisement or part thereof.
(2) Limitation of liability
- (a) No responsibility will be accepted by the Publisher, its related company and all of their officers for any loss arising from the failure of an advertisement or any part thereof to appear or from any error in an advertisement.
- (b) The Publisher will take care to place and reproduce the advertisement as indicated on the booking form, but will not be responsible for any omission, delay, error in transmission, alteration, production deficiency or misplacement, which shall not constitute a breach of the advertising order.
- (c) The Publisher or its representatives will not be liable in respect of any act, failure to act, or failure to perform under this agreement if caused by or resulting from any force majeure or action, or inaction of a third party (including bureaus, printers, unions or distributors) or industrial dispute.
- (d) If The Advertiser does not notify The Publisher of any error in The Advertiser's published advertisement, The Publisher will not be liable for the same error in any republication of that advertisement.
(3) Warranty and indemnity
By entering into this contract or submitting material with The Publisher for publication or by authorising or approving the publication of any material The Advertiser agrees to INDEMNIFY The Publisher, its servants and agents against all liability, claims or proceedings whatsoever arising from the publication and without limiting the generality of the foregoing so INDEMNIFY each of them in relation to defamation, slander of title, breach of copyright, infringement of trademarks or names of publication titles, unfair competition or trade practices, royalties or violations of rights of privacy, AND WARRANT that the material does not and will not breach any (and complies with all) relevant laws, statutes, industry standards and regulations and that its publication will not give rise to any rights against or liabilities to The Publisher, its servants or agents.
All advertising matter submitted to The Publisher will be accepted only on the understanding that the material is not in contravention of any provision of section 53 of the Trade Practices Act, the rules laid down by the Media Council of Australia and The Publisher may rely upon that understanding.
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