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Adboss Terms and Conditions - Advertisers
www.adboss.com (“Site”) is the property of Adboss Limited (“Adboss”). By registering as an Advertiser on the Site (“Advertiser”, “You” and “Your”) in accordance with these terms and conditions (“Conditions”), You agree to be bound by the Conditions. If You do not accept these Conditions, You must refrain from using the Site.
The Site allows Advertisers to submit media briefs for advertising campaigns (“Brief”). Media companies, including all and any media brands owned or controlled by them which are registered on the Site as part of the media companies’ registration (“Media Companies”) and who are invited to respond to a Brief will have the right to submit a response (“Response”) to a Brief.
To use the Site, You must register with the Site as an Advertiser. When registering, You are required to provide all of the “Registration Information” requested on the Site.
Once You have completed the Site’s registration process You will become a “Registered User”. Registering as an Advertiser is free.
If You wish to register with the Site as an Advertiser in order to represent another company on the Site, You can only do so if You become an “Authorised Agent”. To become an Authorised Agent, You must do the following:
(a) Indicate in Your Registration Information that You intend to represent another company with Your registration.
(b) Identify in Your Registration Information the specific company that You will be representing with Your registration.
(c) Return to Adboss an Adboss Agency Agreement (“Agency Agreement”) that is signed by both You and an authorised officer of the company You will be representing.
Once You have completed the Site’s registration process, fulfilled the above undertakings at Clause 1.1.2, and after Your registration has been approved by Adboss, You will become an “Authorised Agent”.
1.1.3 Agent Approval
If You are approved as an Authorised Agent in accordance with Clause 1.1.2, Your registration only entitles You to use the Site on behalf of the specific company that you identified in Your Registration Information. You cannot use Your Registration to represent any other company on the Site.
You are responsible for maintaining the confidentiality of Your Registration Information, and any and all activity that occurs under Your username. You agree to notify Adboss immediately of any unauthorised use of Your account or Your Registration Information, and any other breach of security.
Adboss will provide You with a searchable database of Media Companies registered with the Site (“Database”) allowing You to search across a number of criteria for Media Companies whom You may wish to invite to tender for Your Brief. Adboss does not guarantee the accuracy of the data contained on the Database or that all Media Companies will be listed on the Database from time to time.
2.2 Unregistered Media Companies
The Database may also contain media companies that are yet to register with the Site (“Unregistered Media Companies”). If You invite an Unregistered Media Company to respond to Your Brief, Adboss will attempt to notify the Unregistered Media Company that they have been asked to respond to a Brief on the Site. That Unregistered Media Company will be requested to register with the Site as a Registered User before it will be able to view Your Brief or submit a Response. If the Unregistered Media Company decides not to register with Adboss or fails to register prior to the expiration of the Brief tender period (as defined in clause 3.1(c)) then You will not be able to receive a Response from that Unregistered Media Company.
3.1 Briefs and budgets
Advertisers will be required to set advertising briefs in respect to each advertising campaign (“Brief”) that they wish to run. In respect to each Brief You will be required to:
3.1.2 select the advertising medium (for example, print, television, online or radio) for which You require Responses to Your Brief;
3.1.3 set an advertising budget range;
3.1.4 determine a tender period (“tender period”) for that Brief. A tender period must be between two and seven days on which banks are open for general banking business in Melbourne (excluding Saturdays, Sundays and public holidays) (“Business Day”); and
3.1.5 provide all the necessary information (“Brief Information”) that the Site will request from You so that a proper and valid Brief can be prepared and submitted. The Advertiser will be responsible for all of the Brief Information submitted in respect of that Brief.
1.3.2 Brief invitations
You will be able to select Media Companies from the Database to participate in a tender process for Your Brief. Once Your Brief has been sent to Media Companies You will be unable to change the Brief.
After You have completed Your Brief, the Media Companies You select will be notified by email and invited to submit a Response (as defined in clause 5.1) to Your Brief. A Media Company can either accept or reject the invitation.
You will have the discretion to accept any Response made by Media Companies to Your Brief in accordance with clause 6.1. If You fail to accept a Response made to You in accordance with clause 1.6.1, that Response will lapse and be incapable of acceptance.
3.4 Right of removal
Briefs prepared by Advertisers will be vetted by Adboss. Adboss has the right to cancel a Brief if Adboss believes, at its discretion, that the Brief Information provided by You is false or misleading. Adboss reserves the right, in its absolute discretion, to remove any Brief Information submitted and/or uploaded to the Site that it reasonably considers inappropriate.
4.1 Tender method
On inviting a Media Company to participate in a tender, the Media Company will be able to view Your full Brief, which will include the following information:
4.1.2 Your identity;
4.1.3 the budget on offer to that Media Company; and
4.1.4 Your needs as detailed in the Brief.
The Media Company is then free to formulate their Response to Your Brief, and if You accept their Response (in accordance with clause 6.1), then that particular Media Company will win the Brief and the corresponding budget that they were competing for. Your acceptance of a Media Company’s Response will create a contract between You and the Media Company.
Once You invite a Media Company to respond to a Brief, that Media Company may submit a Response. Subject to Clause 7.0, You can provide feedback to a Media Company on its submitted Responses. A Media Company can at its discretion update its Response to You prior to the end of the Tender Response Period. There is no limit to the number of rounds of feedback and updated Responses that can be submitted prior to the end of the Tender Response Period. However, the last Response submitted by the Media Company prior to the end of the Tender Response Period will be that Media Company’s final offer to contract with You with respect to Your Brief.
If You Accept a Response from a Media Company prior to the end of the Tender Response Period, the last Response submitted by the Media Company will form the basis of the Advertising Agreement between You and that Media Company.
5.2 Tender terms
Every Response You receive will set out the terms on which a Media Company offers to contract with You in response to Your Brief. A Media Company’s terms may deal with matters such as:
5.2.2 material specifications;
5.2.3 material deadlines;
5.2.4 payment and credit terms;
5.2.5 provisions for errors, casual displacement, omission, inability or failure to publish or run an advertisement; and
5.2.6 any other terms they consider relevant.
It is Your responsibility to understand, satisfy and comply with a Media Company’s terms if You accept a Media Company’s Response. The accuracy of the information contained in the Response will be the responsibility of the Media Company at all times. Adboss in no way makes any warranty as to the accuracy or correctness of the information contained within a Response and Adboss will not be liable to You in any respect if the information contained in a Response is incorrect or misleading in any way.
Adboss has developed ranking and competitive systems that appear on the Site which rank and compare the various Responses You may receive from Media Companies that respond to Your Brief. You will then have the ability to compare and rank all Responses received and can evaluate each Response on various attributes depending on the advertising type requested. The ranking and comparative systems function as follows:
5.3.2 every Media Company’s Response will be tabulated so that You will be able to sort the Responses by key criteria (“Response Rankings”); and
5.3.3 the competitiveness of a Media Company Response will also be calculated using a metric ranking system (“Adboss Ranking Metric”). The Adboss Ranking Metric is intended to act only as a guide to Advertisers as to the competitiveness of each Response and its compatibility to a Brief. Adboss will not in any way be responsible for any reliance You place on the Adboss Ranking Metric.
6.1 Acceptance and rejection of Responses
Each Media Company(s) Response will have its own unique booking deadline date (“Booking Deadline”) being the date by which a Media Company’s Response must be accepted after which it will lapse. The Booking Deadline date is set at the sole discretion of each Media Company. If you wish to accept a particular Response, you will need to do so prior to midnight of that Media Company’s Booking Deadline.
If you do not accept a Media Company Response by its Booking Deadline, the Response will lapse. If no Responses are accepted, You will be considered to have rejected all Responses you may have received to Your Media Brief.
If You choose to accept a Response You receive in response to Your Brief, You must click the “ACCEPT RESPONSE” button on the bid page for the relevant Media Company. If You choose to accept a Response and click the “ACCEPT RESPONSE” button on the Site, You agree to be bound by the terms and conditions of the relevant Media Company(s)’ Response accompanying the winning bid(s) and agree that you have made a contract with that Media Company(s) on those terms and conditions (“Advertising Agreement”).
6.2 Advertising Agreement between Advertiser and Media Company
Adboss is not involved in any way in the formation of any Advertising Agreement between You and a Media Company. Adboss at no time acts as an agent for You or any other Registered User. Adboss does not endorse or verify the contents of any Advertising Agreement to which You are a party and any Advertising Agreement between You and a Media Company will be conducted entirely between You and that Media Company and will not accept any liability with respect to an Advertising Agreement.
You agree that Adboss has no control over and makes no warranties in respect to the accuracy or truth of any advertising listings on the Site, or the ability of Advertisers and Media Companies to complete and enforce an Advertising Agreement and Adboss will not be liable to You in any respect if a Media Company fails to perform its obligations under the Advertising Agreement.
In particular, You acknowledge and agree that You may only cancel an Advertising Agreement in accordance with the cancellation policy described in the Response (“Cancellation Policy”) and otherwise on such other specific terms and conditions as may be set out in the Advertising Agreement.
Without the express permission of Adboss You agree that You will not deal directly with any invited Media Company to a Brief outside of the Site until the expiration of that Media Company’s Response’s Booking Deadline.
You warrant to Adboss that, when providing any information to the Site:
8.1.2 if You are an individual, You are 18 years of age or over and are an Australian citizen;
8.1.3 if You are a corporation, You are a body corporate duly incorporated under the laws of the place of Your incorporation and have full legal capacity and power to enter into and perform Your obligations under these Conditions; and
8.1.4 You agree to act in good faith and in accordance with these Conditions.
You also warrant to Adboss that You have the right to provide all information You provide on the Site, including Your Registration Information and Brief, and that the information provided by You:
(a) is true, current and correct;
8.1.5 is not misleading or deceptive, defamatory or obscene;
8.1.6 does not infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
8.1.7 is not unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable; and
8.1.8 can be lawfully published by Adboss.
All intellectual property contained on the Site (other than the content contained in Briefs and Responses) is owned or licensed by Adboss (unless otherwise acknowledged on the Site) and protected by copyright under the laws of Australia and other countries. Adboss owns or has been licensed:
9.1.2 all software comprised in the Site;
9.1.3 all material on the Site (including but not limited to, photos, graphics, text, visual or audiovisual works); and
9.1.4 the design, layout, look and appearance of the Site (together, “the Site Components”).
9.2 Use and adaptation
Except as necessary for the use of the Site on Your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, a Site Component may not be used, adapted, reproduced, uploaded to a third party site, framed, linked to, published, transmitted or distributed in any way without the prior written consent of Adboss.
At the time of submitting and/or uploading any content to the Site (including on any blog or forum), You give Adboss a non-exclusive perpetual, worldwide, royalty-free licence to reproduce and deal with that content by any means whatsoever (including, without limitation, in print and electronic form).
9.4 Multimedia works
The Site may contain multimedia works (such as videos or still images) licensed to Adboss from third party providers. These works are provided to You by Adboss purely for the effective operation of the Site. You may not (directly or indirectly) distribute, modify, translate, publish, rebroadcast, transmit or communicate any works or create derivative works from any image or other multimedia work contained on the Site.
The Site may contain links to other websites which are not maintained or controlled by Adboss or its related companies ("third party site"). Third party sites are not part of the Site and the links are provided by Adboss solely for Your convenience. Adboss makes no representations or warranties whatsoever about any third party site. Adboss does not endorse, nor does it accept any responsibility for, the content or use of any third party site.
Any responsibility for the content of any advertisements appearing on the Site (including hyperlinks to an Advertiser’s website) rests solely with the Advertisers and Media Companies. The placement of such advertisements on the Site does not constitute Adboss’s recommendation or endorsement of any advertised product or service. Each Advertiser and Media Company is solely responsible for any representation made in connection with its advertisement.
11.1 Exclusion of Liability
11.1.2 Adboss’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
11.1.3 If, notwithstanding the provisions of this clause, a court of competent jurisdiction holds Adboss liable in respect of any matters arising under or incidental to these Conditions such liability will be limited to $1,000.
You agree to indemnify and hold Adboss, its officers, employees, agents, subsidiaries and affiliates harmless from all claims, demands, loss, damages, costs, penalties, liabilities or expenses (including legal fees) made against Adboss by any third party due to or arising out of or in connection with Your use of the Site or Your breach of these Conditions.
11.3 Access to the Site outside Australia
Adboss does not represent or warrant that the content on the Site complies with the laws of any country outside of Australia. If You access the Site from outside Australia, You do so at Your own risk.
Adboss, at any time, has the right to terminate You as an Advertiser or cancel Your Brief if Adboss believes, at its discretion, that the information provided by You is false or misleading, or otherwise breaches these Conditions. Adboss reserves the right, in its absolute discretion, to remove any content submitted and/or uploaded to the Site by You if Adboss reasonably considers it inappropriate for inclusion on the Site. Without limiting the generality of this clause, Adboss reserves the right to terminate You as an Advertiser if:
12.1.2 You breach these Conditions;
12.1.3 a serious complaint or multiple complaints are received about You from other Registered Users;
12.1.4 Adboss is unable to verify or authenticate the Registration Information; or
12.1.5 You impersonate another Registered User or person.
Adboss reserves the right to modify the Conditions in whole or in part from time to time without providing You notice. Any amendments made to the Conditions will be effective immediately upon their posting to the Site. Your continued use of the Site will represent Your agreement to be bound by the amended Conditions. You can choose to receive email notification of changes to the Conditions as they are posted on the Site.
14.1 Accuracy of information
Adboss accepts content uploaded from Registered Users in good faith and on the basis of warranties provided by Registered Users. It is Your responsibility at all times to investigate and become satisfied as to the accuracy of the information provided by any other party (including Registered Users and Adboss) on the Site. Adboss at no time makes any representations as to the accuracy of any information provided on the Site.
14.2 Dispute resolution
Where there is a dispute between You and Adboss, You agree to resolve any dispute promptly and in good faith. If You and Adboss are unable to resolve a dispute, then either party may submit the dispute for non-binding impartial mediation. If the dispute is not resolved by mediation, either party may pursue any remedy available to it under the laws of Victoria, Australia.
14.3 Operation of the Site
The operation of the Site may be affected by numerous factors outside Adboss’s control (such as malfunctioning equipment or software, Internet access difficulties, or delay or failures of transmission). As such, Adboss does not warrant that the Site will be error free, free from viruses or other harmful content or components, or that access to the Site will be secure, uninterrupted, provided without delay or in a timely fashion (whether or not an error, virus or harmful component is or is not outside Adboss’s control). If the availability or operation of the Site is disrupted during the tender period for a Brief, Adboss will endeavour to notify You via email of any changes that occur to that tender period and the Acceptance Period for Responses to that Brief .
14.4 Illegal activities
You must not use the Site to facilitate or participate in any illegal activity or engage in any activity which Adboss, in its absolute discretion, considers inappropriate. Adboss reserves the right to terminate or restrict access to the Site for a Registered User immediately and indefinitely if it suspects that You are engaging in any such behaviour or are in breach of any of the Conditions.
When using the Site, You agree not to:
14.5.2 attempt to obtain unauthorised access to the Site or portions of the Site that are restricted from general access or which You do not have access to as a Registered User;
14.5.3 disrupt or interfere with the security of the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site;
14.5.4 upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;
14.5.5 disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Sites including doing anything which may be reasonably considered to offend another Registered User;
14.5.6 use or attempt to use another Registered User's account, service or system without authorisation from that Registered User or Adboss;
14.5.7 create or use a false identity on the Site; and
14.5.8 transmit through or on the Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings.
You acknowledge and agree that to the extent that these Conditions relate to an Advertising Agreement, a prospective Advertising Agreement or any Response or Brief to which You are party, Adboss holds the benefit of these Conditions on trust for the Media Company and these Conditions are intended to be for the benefit of that Media Company and that Media Company is entitled to enforce the provisions of these Conditions with Adboss’s approval as if that Media Company were a party to these Conditions.
14.7 Entire agreement
These Conditions constitute the entire agreement between You and Adboss with respect to the subject matter of these Conditions and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Conditions will be effective only if in writing and signed by Adboss or confirmed in an email from Adboss to You.
If for any reason a court of competent jurisdiction finds any provision or portion of the Conditions to be unenforceable, that provision or portion will be severed from the Conditions and the remainder of the Conditions will continue in full force and effect.
All notices, requests, demands, consents, approvals, offers, agreements or other communications (“notices”) given by You to Adboss must be sent to Adboss at 365 Little Collins Street, Melbourne VIC 3000 or emailed to Adboss at firstname.lastname@example.org.
14.10 Governing law
These Conditions are governed by and will be construed in accordance with the laws of Victoria, Australia, without giving effect to its conflict of laws provisions or Your actual state or country of residence.
If You have any questions, comments or concerns about these Conditions, please contact the Chief Operating Officer by email at email@example.com.