CCIM Partnership Terms and Conditions
These terms apply to all advertising provided to any person (a ‘Client’) by Creative Careers in Medicine (CCIM).
1. Publication of Advertising
1.1 Subject to these Terms, CCIM will use its reasonable endeavours to publish advertising submitted by Client (‘Advertising’) in the format submitted by the Client and in accordance with the placement instructions of the Client. ‘Advertising’ includes images submitted for publication.
1.2 Client grants CCIM a worldwide, royalty-free, nonexclusive, irrevocable licence to publish, and to sublicense the publication of, the Advertising in any form and in any medium. Client warrants that it has the right and authority to grant CCIM the licence referred to in this clause
2. Right to Refuse Advertising
2.1 Neither these Terms nor any written or verbal quotation by CCIM represent an offer to publish Advertising. A binding contract in relation to a request for Advertising will only be formed between CCIM and a Client when CCIM accepts the Advertising in writing.
2.2 Even if a contract has been formed in accordance with the above clause, CCIM reserves the right to refuse or withdraw from publication any Advertising at any time without giving reasons (even if the Advertising has previously been published by CCIM).
3. Right to Vary Format and Placement
3.1 CCIM reserves the right:
(a) to vary the placement of Advertising within a particular social media platform or Internet site; and
(b) to change the format of Advertising.
3.2 CCIM will endeavour to notify the Client of any such changes. However, except in accordance with clause 2, CCIM will not be liable for any costs, expenses, losses or damages suffered or incurred by a Client arising from CCIM’s failure to publish Advertising in accordance with a Client’s request.
Any written or verbal quotation provided by CCIM to Client, whether in the form of a media kit or otherwise, is a mere invitation to treat and does not constitute a contractual offer.
5. Submission of Advertising
5.1 Client warrants to CCIM that the Advertising and the publication by CCIM of the Advertising does not breach or infringe:
(a) the Trade Practices Act (Commonwealth), Fair Trading Acts (State) or equivalent legislation.
(b) any copyright, trademark, obligation of confidentiality or other personal or proprietary right.
(c) any law of defamation, obscenity or contempt of any court, tribunal or royal commission.
(d) State or Commonwealth anti-discrimination legislation.
(e) the Privacy Act (Commonwealth)
(f) the financial services provisions of the Corporations Act; or
(g) any law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or any State or Territory).
5.2 The Client warrants that in respect of Advertising that contains the name or photographic or pictorial representation of any living person and/or any copy by which any living person can be identified, the Client has obtained the authority of that person to make use of his/her name or representation or the copy.
5.3 If a Client submits Advertising that looks, in CCIM’s opinion, like editorial material, CCIM may publish the Advertising under the heading ‘Advertising’ and with a border distinguishing it from editorial.
5.4 All Advertising material submitted by the Client must comply with CCIM’s advertising specifications. CCIM may reject the Advertising material if it is not submitted in accordance with such specifications.
6. Advertising Publishing & Performance
6.1 CCIM will measure online Advertising (including impressions delivered and clicks achieved) through its own systems. Results from Client or third-party ad-servers will not be accepted for the purposes of CCIM’s billing and assessment of Advertising
6.2 Subject to clause 2, CCIM is not liable for any loss, damages or liabilities arising from a failure of the internet or any telecommunications structure.
7.1 CCIM does not accept responsibility for any errors in Advertising material received from third parties.
7.2 If a Client wishes to make a claim on CCIM for credit, re-publication or any other remedy in respect of Advertising, the Client must send the claim in writing to CCIM no later than 7 days after the date of the tax invoice.
8. Advertising Rates and GST
8.1 The Client must pay for Advertising with the rates in CCIM’s media kit, unless otherwise agreed. Media kit rates
8.2 may be varied at any time by CCIM without notice
8.3 are exclusive of taxes, duties or GST (‘Taxes’) unless the media kit specifies that GST or other Taxes are included.
8.4 All amounts shown in the media kit are in Australian Dollars unless specified otherwise.
8.5 Any dispute the Client has with an invoice must be raised with CCIM promptly and no later than 14 days after the invoice date. After that time, Client will be deemed to have accepted that the full amount set out in the issued invoice is due and payable by Client.
9.1 If you wish to stop publication of Advertising or if you request work we are doing for you to stop after you have instructed us to proceed with the work, you must request our consent in writing
9.2 If we do consent you must pay us in our absolute discretion, a cancellation fee of up to 100% of the Advertising booking or of the work being done.
10.1 All amounts shown on our tax invoices are in Australian Dollars unless specified otherwise.
10.2 The Client must pay in Australian Dollars.
10.3 The Client must pre pay for all costs associated with their booking (advertising will not take place until full payment has been received unless otherwise agreed to in writing by both parties)
11. Liability and Indemnity
11.1 The Client acknowledges that it has not relied on any advice given or representation made by or on behalf of CCIM in connection with the Advertising.
11.2 excludes all other liability to the Client for any costs, expenses, losses and damages suffered or incurred by the Client in connection with these Terms and any Advertising published by CCIM, whether that liability arises in contract, tort (including by CCIM’s negligence) or under statute. Without limitation, CCIM will in no circumstances be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.
11.3 The Client indemnifies CCIM and its officers, employees, contractors and agents (the ‘Indemnified’) against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising from the Client’s breach of these Terms and any negligent or unlawful act or omission of the Client in connection with the Advertising.
12.1 These Terms represent the entire agreement of the Client and CCIM in relation to Advertising and cannot be varied except in writing by an authorised officer of CCIM. No purchase order or other document issued by the Client will vary these terms.
12.2 CCIM will not be liable for any delay or failure to publish Advertising caused by factors outside CCIM’s reasonable control (including but not limited to any Act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).