The following Terms of Service (“Terms”) govern the submission and publication of Business Directory and Classified Advertisements (“Advertisements”) in The Post’s Business Directory and Classifieds Directory, both in print and online. By submitting an Advertisement, you (“the Advertiser”) agree to be bound by these Terms.
1. General Provisions
Jurisdiction: These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of the courts of NSW.
Compliance with Law: The Advertiser warrants that all Advertisements comply with all applicable laws, including but not limited to the Australian Consumer Law (“ACL”) and the Fair Trading Act 1987 (NSW).
The Post’s Rights: The Post reserves the right to accept, reject, or cancel any Advertisement at any time, for any reason, at its sole discretion. The Post is not obligated to review any Advertisement and has no responsibility to alter or amend it.
2. Content of Advertisements
Truthful and Not Misleading: Advertisements must not contain false, misleading, or deceptive representations about goods, services, or prices. This includes representations about the standard, quality, value, or grade of goods or services, and the price of goods or services. Leaving out significant information may also be an issue.
Pricing: If a price is included in an Advertisement, the Advertiser must state the single, total price for the product, including any applicable GST. It is an offence to state only part of the price without also displaying the total amount.
Availability: Advertisers must have reasonable grounds to believe they can supply the advertised goods or services for a reasonable period. If an offer is for a limited time or if stocks are limited, this must be stated in the Advertisement.
Intellectual Property: The Advertiser warrants that the content of the Advertisement does not infringe on the copyright, trademark, or other intellectual property rights of any person.
Prohibited Content: The Advertiser must not use the service to post or transmit any material that is unlawful, obscene, indecent, uses offensive language, or is defamatory. The Advertisement must not breach or infringe the Competition and Consumer Act.
3. Specific Advertising Requirements
Building and Trade Services: For residential building work in NSW where the cost exceeds $5,000 (including GST), the Advertisement must clearly show the licensee’s name and licence number.
Job Advertisements: Advertisements for job offers must be expressed clearly, accurately, and in definite terms. It is an offence to give false and misleading information about jobs or business ventures.
4. Liability and Indemnity
Advertiser’s Responsibility: The Advertiser remains responsible for all Advertisements submitted by them.
Indemnity: The Advertiser agrees to indemnify and hold harmless The Post from any and all claims, damages, losses, or expenses arising from the publication of the Advertisement, including any breach of these Terms by the Advertiser.
Limitation of Liability: The Post is not liable for any loss, damage, or expense incurred in connection with technical malfunction, computer error, or loss of data. The Post does not guarantee that the Advertiser’s product will be the only one of its type featured on a page and will not be liable if it is not.
5. Payment and Cancellation
Rates: The rates for classified advertising are set out in The Post’s rate card, which may be varied at any time without notice.
Cancellation: Any cancellation of an Advertisement after the booking deadline may result in a cancellation fee of 100% of the charges that would have been payable had the Advertisement been published. The Post may, without notice, suspend or cancel all advertising orders if payment has not been received.
6. Privacy
Personal Information: The Post will handle any personal information collected from the Advertiser in accordance with its Privacy Policy and the Privacy Act 1988 (Cth). The Advertiser consents to the collection and use of their personal information for the purposes of publishing the Advertisement and administering these Terms.
