1.OzMedia Terms and Conditions of Usage
4.Limitation of Liability
6.Term of Service
8.Surcharge for Long Faxes
10.Links to the OzMedia web site
OzMedia Terms and Conditions of Usage
These terms apply to all services provided by OzMedia, its agents, representatives or bodies corporate.
You agree to provide accurate and complete information about your company and authorised contacts when registering to use any OzMedia service and when applying for a Monthly Account.
You can select any of the distribution lists on-line from OzMedia Media release distribution lists & OzMedia Business Lists Online as well as provide your own lists for the distribution of your Information.
You are responsible for the Information you send. Please ensure that your Information is relevant, and of interest, to your targeted audience. OzMedia does not take responsibility for the content of your documents delivered by the OzMedia network. You warrant that the content of all documents you submit will be accurate and free of any viruses and where applicable you have received the permission of all relevent sources and/or bodies corporate that may be referenced in your content. You agree not to make any defamatory, obscene or illegal statements which infringe any law, regulations or any industry codes of practice. In particular, you warrant that you comply with OzMedia's SPAM Policy, which deals with the transmission of unwanted material (see Spam Policy on the www.ozmedia.com website).
You authorise OzMedia to distribute your Information to the requested and/or chosen list(s) of recipients and further permit those recipients to use the Information conveyed to them.
Where you have requested OzMedia to make changes, revisions or proof reads of your material, you acknowledge and accept that you are fully responsible for the final review and decision to transmit such material.
OzMedia will use all reasonable efforts to ensure that your Information is distributed on time according to your on-line instructions. OzMedia, however, does not take responsibility for any errors in transmission or the selection of distribution lists. OzMedia does not warrant that your recipients have expressed an interest in receiving your Information either from your own lists or any distribution lists provided by OzMedia or its third-party providers. OzMedia does not guarantee publication of any materials by the media, including, but not limited to press, radio, television, specialty magazines and publications, internet and related news feeds, wires or portals. OzMedia is a distribution service and the decision to include, publish, transmit or diffuse information is entirely the decision of the receiving media or press entity.
Limitation of Liability
By becoming a OzMedia Customer you acknowledge that to the fullest extent permitted by law that OzMedia will not be liable in any way for the Information transmitted, or the failure to transmit, or any delay in transmission, or failure to provide a broadcast report, however caused. OzMedia will not be liable for any consequential loss, direct loss, indirect loss, loss of profits of any kind, loss or corruption of data, interruption to business, loss of revenue , or economic loss of any kind, whether in contract, negligence, or any other tort, or under any statute or otherwise.
By becoming a OzMedia Customer you agree to indemnify OzMedia against any loss, liability or expense arising from any loss in connection with the use of any OzMedia service. You also agree that to the fullest extent permitted by the law all expressed and implied terms and conditions other than those set out on the OzMedia website are excluded.
OzMedia offers 2 methods of payment for all services:
1. Monthly Account for approved applicants. Terms are 7 days within receipt of invoice, unless other terms are arranged in writing. OzMedia will invoice by the 7th day of each month.
2. Pre-payment of Account for OzMedia Package Deals. Pay in advance and enjoy special rates on many popular lists and services.
Note: All rates quoted are net of any Goods and Service Tax (GST). GST will be added and shown on the invoices generated and sent to you.
Term of Service
There are no set contractual periods for OzMedia services for Monthly Account Customers. Pre-payment Account Customers who select a OzMedia Package Deal have full access to use their credit for up to 6 months. Any unused credit remaining in your account after 6 months may be forfeited unless you advise us of your intent to use the credit within a further 6 months time. Any credit remaining after 12 months will be forfeited.
OzMedia reserves the right to terminate all services immediately if any of Your Responsibilities have been violated. If OzMedia terminates your account for this reason, then the balance of any unused credit will be forfeited.
If OzMedia intends to stop providing you any service for any reason other than for failure to pay charges or for contravention of any requirements listed under Your Responsibilities, then OzMedia will give you 30 days notice of termination of service. If OzMedia terminated your account for this reason, then OzMedia will refund the balance of any unused credit up to the termination date.
If you are a OzMedia Monthly Account Customer and do not pay OzMedia in accordance with the payment terms, OzMedia may terminate all services until all arrears are paid.
Any OzMedia Customer may give 30 days notice of termination of the service and receive payment for any outstanding credits. Payment will be made no later than on the 30th day from receipt of a written and authorised termination letter from the original customer.
Surcharge for Long Faxes
OzMedia will charge you a surcharge for faxes which take an unusually long time to transmit. If a page of fax takes over 1.5 minutes to transmit, then it will incur a surcharge of 10 cents per minute or fraction thereof. This surcharge will be calculated at the end of the broadcast and will be reflected in the final report for the broadcast and in your invoice.
However, if you test your fax, and we quote you a transmission time of under 1.5 minutes, then your fax will not incur a surcharge.
OzMedia owns the authorship contained in the website http://www.ozmedia.com and http://www.ozmedia.com.au. This includes all design, text, and images. You may not copy, reproduce, transmit, display, rent, sublicense, alter, store for subsequent use or otherwise use in whole or in part in any manner this material without the prior written consent of OzMedia. However, you may have a temporary copy in the memory of your computer for personal and commercial purposes for use by a registered user.
Links to the OzMedia web site
Hypertext links to the OzMedia web site, http://www.ozmedia.com or http://www.ozmedia.com.au, are permitted as long as they are only text links marked "OzMedia" or "OzMedia Australia", point to the home page, and that the appearance of the link does not denigrate OzMedia, the site http://www.ozmedia.com www.ozmedia.com.au, or the logo of OzMedia.
OzMedia disclaims any warranty, including third party, associated with the services provided, and disclaims any warranty regarding the accuracy, timeliness, fitness for purpose, completeness, or intellectual property infringement of the services.