Terms & Conditions

Definitions

The “Villages of Mt Dandenong” means the Villages of Mount Dandenong Inc (ABN 50 508 462 516) and it’s partner Villages Marketing (ABN 31 651 915 715) as the Advertising provider. The “Advertiser” is the Business as named in the application form for advertising.

“Marketing Material” is all promotional material produced by Villages of Mt Dandenong that carries third party advertising material including, but not limited to, Villages Fold out Map, Villages Tear Off Map, Villages Events, Villages Info Points and Villages Website www.villagesofmtdandenong.com.au

The Agreement

  • This Agreement applies to all artwork supplied by Advertisers to the Villages of Mt Dandenong and Villages Marketing from the Date of the Agreement up until the termination or expiry of the Agreement.
  • No copyright or ownership in the artwork passes to the Villages of Mt Dandenong or Villages Marketing under the Agreement. The Advertiser retains all copyright and ownership rights in relation to the artwork.
  • The Villages of Mt Dandenong or Villages Marketing is not permitted to sell or distribute any artwork supplied under this Agreement without the prior consent, permission or approval of the Advertiser. The Villages of Mt Dandenong is however permitted to retain copies of artwork supplied under this Agreement for record-keeping purposes. This term continues in operation despite the termination or expiration of the Agreement.
  • The advertising space to be provided by Villages Marketing is limited to the details as set out in the sign up forms and Marketing and Sponsorship Guides supplied.
  • The Advertiser expressly provides Villages Marketing with authorisation to alter artwork supplied under this Agreement to make it present well on the marketing material and to they shall gain approval from the Advertiser before publishing.
  • The artwork supplied to Villages Marketing is warranted by the Advertiser to be their own original work not breaching or otherwise dealing with the copyright or ownership rights of others.
  • Except to the extent the law provides that liability may not be excluded, the Villages of Mt Dandenong or Villages Marketing is not under any liability to the Advertiser arising from or in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits) howsoever caused, which may be suffered or incurred or which may arise directly or indirectly in respect of publishing artwork or advertising in and on it’s marketing material or any other service provided by the Villages of Mt Dandenong or Villages Marketing to the Advertiser.
  • The Villages of Mt Dandenong and Villages Marketing has the right to refuse the publication of any artwork or advertising material for any reason at any time and the Advertiser will have no recourse in the event that this occurs (except for termination pursuant to term (k)).
  • Villages Marketing may change the content of it’s marketing material without the prior consent, permission or approval of the Advertiser and the Advertiser will have no recourse in the event that this occurs (except for termination pursuant to term (k)). The published material referred to in this term does not include the Advertiser’s artwork. For the term relating to alteration of the Advertiser’s artwork, see term (e).
  • The Villages of Mt Dandenong and Villages Marketing may assign the benefit and burden of this Agreement to a third party or to an entity managed and/or controlled by the Villages of Mt Dandenong or Villages Marketing without the prior consent, permission or approval of the Advertiser and the Advertiser will have no recourse in the event that this occurs (except for termination pursuant to term (k)).
  • A party to this Agreement may terminate this Agreement for any reason at any time by giving notice in writing to the other party to the Agreement. If this Agreement is terminated by either party to the Agreement, the Villages of Mt Dandenong and Villages Marketing is to remove the Advertiser’s artwork from it’s material within a reasonable time. The Villages of Mt Dandenong and Villages Marketing may provide notice to the Advertiser of the successful removal of artwork from the material upon termination of this Agreement but is not obliged to do so.
  • Further to term (k), damages may not be claimed by either party on termination of this Agreement. There is one exception however, that is, damages arising from breach of term (f) by the Advertiser. Where term (f) has been breached by the Advertiser, the Villages of Mt Dandenong may be liable to damages to a third party. The exception operates to remedy the injustice which may be caused by that situation.
  • This Agreement shall expire on the day that is agreed as part of the Agreement (if not terminated at an earlier time pursuant to term 11). Upon expiry of the Agreement, the Villages of Mt Dandenong and Villages Marketing is to remove the Advertiser’s artwork from it’s marketing material within a reasonable time. The Villages of Mt Dandenong abd Villages Marketing may provide notice to the Advertiser of the successful removal of artwork from the marketing material upon expiry of this Agreement but is not obliged to do so.
  • Certain legislation may imply conditions and warranties into these Terms and Conditions. To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded.
  • This Agreement is governed by the laws applying to the State of Victoria, Australia. Any dispute arising from the interpretation or operation of this Agreement which cannot be resolved through informal means is to be heard in a Victorian court or tribunal or an Australian federal court or tribunal. No exception applies.