These Terms and Conditions govern the use of the following websites:
(vii) any other website which we advise we own and/or operate from time to time.
2.1 This Agreement is between you, the person or company using this Service (“Merchant”) and Worldwide Media Insider Pty Limited ACN [617 302 404] (“We”, “Us”, “Our”).
2.2. By completing the registration process on any one of our websites or directly with us and being admitted by us as one of our Merchants and using the Service the Merchant:
(a) indicates acceptance of the terms of this Agreement; and
(b) represents that the Merchants is authorised to do so.
2.3. Limited Places: The Merchant acknowledges that access to the Services is restricted to a maximum of thirty (30) Merchants per Title with one Floating Page per Title per month at our discretion. Once 30 Merchants have been accepted we will create a Wait List whereby Merchants wishing to use the Service may register their interest and take up a place only when a current Merchant opts out of the Service. We reserve the right, at our sole discretion, to grant or deny any Merchant the right to use the Service.
2.4 Minimum Number: We will officially commence the Service upon the attainment of twelve (12) Merchants in any one title.
2.5 Removal of Service: Failure to adhere to the Terms and Conditions in particular, the Performance Conditions may result in the Service being suspended or the Merchant may be denied access thereafter and replaced by another merchant. The decision to suspend or discontinue the Service is entirely at our discretion.
3. Performance Conditions
3.1 The Merchant agrees to appoint a Primary Contact for us to deal with and further agrees to nominate a secondary contact.
3.2 The Merchant agrees to supply us with content in accord with the instructions we will provide after entering into an Agreement, as and when such content falls due on a monthly basis.
3.3 The Merchant agrees to permit us to supply an image (photograph) for each monthly story, which may be provided by the Merchant or sourced by us through Shutterstock (an image library). The choice of image will vary for each story and the selection of which is based purely upon relevancy and designed to enhance the aesthetic appeal of the story.
3.4 The Merchant is obligated to complete the Client Profile provided by us as part of the Service in accord with the requirements contained therein.
3.5 Peace of Mind Review: We will provide the Merchant with a copy of the Merchant’s story before publication for the Merchant to approve or make changes to within 48 hours of submission by us. The Merchant may only suggest changes where the content is factually inaccurate or where there is an issue with spelling or grammar. If the Merchant fails to notify us by email of its approval of the copy within the prescribed timeframe then it should be deemed to be approved. We may, but are under no obligation to review any Merchant submission for accuracy, completeness of information, quality and/or clarity and reserve the right at our sole discretion, to deny any Merchant’s story from being uploaded on any OzMedia Insider website and/or being removed.
3.6 Merchant to act Promptly and Honestly: The Merchant agrees to act at all times in a professional manner which includes responding to any enquiry, call, email etc. from us in a timely and honest manner.
4. Intellectual Property Rights
4.1 All rights to the content including copy and images in respect of the Merchant provided through the Service shall be jointly owned by the Merchant and us.
(a) The Merchant grants us a perpetual, unrestricted, non-exclusive, worldwide, transferable license to use, reproduce, alter, amend, publish and display any story (including without limitation in whole or any part thereof) on and in connection with any OzMedia Insider owned and/or operated website; and
(b) we grant the Merchant the right to use the Merchant’s own stories, once published, for any promotional purpose without further fee to us.
4.2 The Merchant must immediately advise us of any infringement or threatened infringement, unauthorised use, attack or threatened attack on the validity of any Intellectual Property Rights in connection with its content which may come to the Merchant’s attention. If the Merchant believes its rights have been infringed then the Merchant agrees to email us with details of same at firstname.lastname@example.org.
5.1. We are the provider of the Service which is set out following under ‘The Service’.
5.2 The Merchant accepts that it must fulfill certain conditions in order to receive and continue receiving the Service.
5.3 To the extent permitted by law, we are not responsible for, and will not be liable for, the accuracy or otherwise, of the content provided to us by any Merchant.
5.4 The Merchant warrants that it will not contravene any copyright or privacy laws when supplying content to us.
5.5 The Merchant agrees to act expeditiously and in good faith at all times to assist us in respect of the provision of the Service, particularly with regard to making payment to us which shall be made monthly on the 15th or the next business day thereto.
5.6 The Merchant agrees to provide the content to us each month on or before the Prescribed Date which we will notify the Merchant of upon entering into a contract with us.
5.7 Failure by the Merchant to provide us with content on or before the Prescribed Date shall result in one of the following:
(a) the Merchant shall be denied a story for that particular edition/month;
(b) we shall run a story of our choosing for and on behalf of the Merchant with no right of a Peace of Mind Review and/or signoff ;
(c) we shall have the right to sell the page allocated to the Merchant as a oneoff to another non member merchant.
Will be effected at our sole discretion for any of the following reasons:
6.1 Where the Merchant fails to provide content by the Prescribed Date on two (2) or more occasions.
6.2 If the Merchant is declared bankrupt or places itself/himself/herself in administration.
6.3 If the Merchant is sued by anyone or any entity for copyright infringement, falsehood, intellectual property infringement or any reason whatsoever in respect of the Service.
6.4 The Merchant fails to pay for the Service and that payment, having been notified that it is overdue, remains outstanding for thirty (30) days.
6.5 Termination for any reason shall in no way prejudice our entitlement for payment for any and all ensuing months in accord with the tenure of the contract to provide the Service. If the Service is terminated and there is time to run on the Agreement, the Merchant will be notified by us by email and an invoice will be rendered for the balance owing on the terms prescribed on said invoice.
7. The Service
7.1 We will provide a template-based Blog-like story each month which in turn contains:
• The Merchant’s URL (website)
• Key contact details (for up to 5 people – email and contact number)
• A 600 to 750 word story
7.2 Each story will contain an image in accordance with the terms of clause 3.3 above.
7.3 The Service is delivered to a media data base of at least 150 journalists including but not limited to national media outlets such as; ACA, The Today Show, Sunrise, the major television news rooms, ABC, SBS, Sky News, Foxtel, ABC Radio, The Australian Newspaper as well as metropolitan media outlets, industry relevant media outlets, trade publications and digital media outlets and influencers.
7.4 We update the media databases at our discretion and the outlets and number of journalists and influencers contained therein may change from time to time at our sole discretion.
8. Definitions & Interpretations
- In the terms and conditions, unless the context otherwise requires:
- Client Profile is a form provided by us to be completed by the Merchant
- Floating Page means a page we keep free in any edition of the OzMedia Insider in addition to the 30 merchant pages
- Intellectual Property Rights describes the ownership of the content created by us
- Merchant is a user of the Service and client of ours
- Peace of Mind Review is the right conveyed by us to the Merchant to approve or make changes to a story within 48 hours
- Performance Conditions refers to the requirements placed by us upon the Merchants in order to receive the Service
- Prescribed Date refers to the date by which the Merchant must supply us with content
- Service means the service provided by us pursuant to the Client Agreement and the Terms & Conditions contained herein
- Termination refers to the cessation of the provision of the Service
- Wait List refers to the list of Merchants wanting to receive the Service