THIS AGREEMENT WAS LAST UPDATED ON 21st April 2008

These are the terms and conditions for registering and for using these TCP Pty Limited (TCP) services for placing advertisements in the Publications (individually and collectively the "Service"). By registering, You are agreeing with TCP to be bound by all the terms and conditions, including all amendments to them which are published on this site from time to time. Definitions can be found at the end of this document.

GENERAL TERMS & CONDITIONS

1. Using the Service
When using the Service, you agree to abide by these Terms & Conditions. You are responsible for all fees and charges You incur when accessing and using the Service. These may include the fees and charges of internet service providers, telecommunications carriers and other third parties. TCP may modify this Agreement from time to time. It is Your responsibility to remain familiar with them and to understand the changes. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If You do not agree to any modifications, You should terminate Your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by You of this Agreement, or any subsequent modifications. You may not register on behalf of anyone else and You may not allow anyone else to use Your registration details to access and use the Service. You will maintain the security of Your password. You are responsible for all activity on the Service that occurs using Your password including activity generated by a third party using Your password with or without Your permission. Fraudulent use of a credit card by You will automatically absolve TCP from any liability. TCP will co-operate with any law enforcement agency with respect to the fraudulent use of the credit card and provide all relevant details pertaining to Your transactions conducted on this Service. At the time of notification of the fraudulent activity, all Advertisements charged to the notified credit card will be cancelled immediately.

2. Privacy Policy
By using the Service, You agree to the terms of TCP' Privacy Policy. You agree that: we cannot ensure the security or privacy of information You provide through the internet and Your email messages; and we cannot ensure the security or privacy of information submitted or stored on the Service due to any technical limitations (including viruses or hacking) in the hardware or software comprised in the Services. Unless You tell us otherwise, You agree that TCP may send electronic mail to You for the purpose of informing You about: changes or additions to the Service; and other related or similar products and services or products and services in which you may be interested, in addition to any other matters referred to in TCP' Privacy Policy. All communication and disclosure described in clause 2(c) will comply with TCP' privacy statement and the privacy requirements of any applicable law in force during this Agreement. To the extent permitted by law, You release TCP from any and all liability in connection with this clause 2, including the use of your information by other parties.

3. Proprietary Information
The Service contains information that is proprietary to TCP. TCP asserts full copyright protection in all elements of the Service. You acknowledge that TCP retains the copyright in any artwork or text prepared by TCP or any of their employees, and agree not to use such artwork or text for any purpose other than advertising in a Publication. You warrant that all material which You provide to TCP for use in an Advertisement (whether or not TCP will use that material to create new artwork or text) is owned or licensed by the Advertiser and that its use by TCP will not breach the rights of any other person.

4. No Warranties
The Service is distributed on an "as is" basis. TCP does not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, You acknowledge that the Service is provided without any warranties of any kind whatsoever, either express or implied.

ADVERTISING TERMS

5. Advertising terms
a. The Cairns Post Pty Ltd (TCP) is the operator and owner of this site.
b. Users may download and view the material or print a copy of material on this site for personal, non-commercial use provided you do not modify the copy from how it appears on this site (including any copyright notice). All rights not expressly granted under these terms of use are reserved.
c. This site may include third party content which is subject to that third party’s terms and conditions of use. d. This site may include links to third party sites which are not related to TCP and in relation to which TCP has no control or interest. The appearance of those links on this site does not indicate any relationship between TCP and that third party or any endorsement by TCP of that third party, its site or the products or services which it is advertising on this site.
e. TCP will have no responsibility or liability in relation to any loss or damage which you incur, including damage to your software or hardware, arising from your use of or access to this site.
f. Users will not use this site for any purpose or in any way which is unlawful.
g. TCP imposes a Deadline. Failure to adhere to any relevant Deadline may result in the Advertisement not appearing as per Your booking instructions. You acknowledge it is Your responsibility to ascertain the appropriate Deadline, which may be changed from time to time without notice.
h. Neither TCP accepts responsibility for, and You indemnify each of them for, non-receipt of advertising requests through the Service.
i. TCP reserves the right to reject, cancel, amend, refuse, change position or postpone publication of an Advertisement for any reason at its absolute discretion. If a change to the Advertisement requires consent from You, then TCP will make every reasonable attempt to make telephone contact with You. If contact cannot be established, the Advertisement may be cancelled until contact can be made.
j. Classified Advertising - Advertisers advertising a purely online service must advertise in the Internet Classified Services category, or the specialised pillar based Internet Services category where there are pillar lift-outs. Advertisers using online references as part of their advertisement must restrict the internet component to 25% or less of the total advertising area with the remaining 75% of the space taken up by material relevant to the classification the advertisement is placed in.
k. Photos submitted online may not exceed file size of 1Mb. Print quality of Photos placed online will vary dependent on the resolution of the image supplied. You can use the Zoom & Nudge function to improve the look of Your photo.
l. TCP makes no warranties, representations or undertakings regarding the positioning of an Advertisement, including as to the inclusion of an Advertisement in the colour section of a Publication.
m. The word "advertisement" will be included in an Advertisement as required by law or if, in the opinion of TCP, it resembles editorial matter.
n. You may be charged for author's alterations required to Advertisements if requested directly to an employee or agent of the Publisher.
o. No responsibility is accepted for any error or omission of telephoned instructions, alterations or copy/proof corrections or for non-receipt of the same sent by email or through any other telecommunications mechanism.
p. Rates within the online ad placement system apply only to TCP paper advertisements personally placed online.

6. Compliance of Advertisements with Laws and Standards
By lodging material for publication as or as part of an Advertisement in TCP, or authorising or approving the publication of any material with TCP, You warrant that the material complies with all relevant laws, regulations and advertising codes of conduct and that its publication will not give rise to any claims against or liabilities of TCP, or any of their directors, employees or agents. Without limiting the generality of the above, Advertisers warrant that nothing in the material lodged for publication breaches the Trade Practices Act 1974, Copyright Act 1968 or laws (Commonwealth, State or Territory, as relevant) relating to defamation, therapeutic goods, tobacco products, consumer protection, fair trading and sale of goods or infringes the rights of any person.

7. Indemnity
By lodging material for publication as or as part of an Advertisement in a Publication, or authorising or approving the publication of any material with TCP, You indemnify TCP and each of their directors, employees and agents against all liability, claims or proceedings whatsoever arising wholly or partially, directly or indirectly, from the publication of the material. Without limiting the generality of the above, You indemnify TCP, its directors, employees and agents in relation to any claims arising from defamation, injurious falsehood, passing off, unfair competition, breach of contract, breach of copyright or other intellectual property rights, misrepresentation, breach of privacy rights or confidential information, breach of warranty of authority or any breach of any Statute, regulation or other law giving rise to any civil or criminal liability whatsoever.

8. Limitation of Liability
If there is an error in the published Advertisement for any reason (including due to the negligence of TCP or its employees or agents) You agree to indemnify TCP, the Publisher, its employees and agents against consequential losses or damages suffered by You arising from the error. If brought to the Publisher's attention within 24 hours of publication, adjustments may be made, but only for the space actually occupied by an error. You must notify TCP of any errors as soon as they appear otherwise TCP will not accept responsibility for the re-publishing of the Advertisement. Our liability to You in relation to any loss or damage directly or indirectly related to any warranty or condition which is not excluded by this Agreement shall not exceed: the cost of supplying the affected Service again; or the cost of having the affected Service supplied again, as elected by TCP.

ACCOUNTS

9. Accounts
Advertisers must pay for all financial transactions in advance, by credit card. You will be required to enter Your credit card details for each financial transaction. Advertisers currently operating a credit account with TCP are currently unable to place ads online through this Service. Please contact the relevant advertising area directly. The Advertiser agrees to pay the rates specified by TCP for each Advertisement, current at the time of publication of the Advertisement. The Publisher reserves the right to pass on any fee or charge (including bank charges and credit card surcharges) imposed on the transaction to process your payment for the Advertisement. The Publisher reserves the right not to pay a refund while the outcome of an Advertiser initiated investigation regarding the publication or otherwise of an Advertisement is pending.

OTHER SPECIFIC LAWS

10. Goods and Services Tax (GST)
All specified rates and charges are inclusive of GST.

JURISDICTION

11. Jurisdiction
This Agreement is governed by the laws of Queensland (QLD), Australia and the parties submit to the jurisdiction of the courts of QLD. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. THE PARTIES SPECIFICALLY AGREE THAT THE PERFORMANCE OF THIS AGREEMENT, IN ALL ITS ASPECTS, DOES NOT TAKE PLACE OUTSIDE THE JURISDICTION OF THE STATE OF QUEENSLAND, AUSTRALIA. PUBLICATIONS The Publications included in the Service are: The Cairns Post The Cairns Sun All websites operated by TCP Pty Ltd.

OFFER TERMS & CONDITIONS

1. Offers/Packages:
Private or Business offers are subject to the following conditions: Full refund will be provided if cancellation is received prior to the deadline for the first insertion. No mid schedule refunds. Modifications are permitted if received prior to the deadline for the first insertion. Modifications mid schedule are permitted only to price of goods or contact details. The Cairns Post Bargain Hunter on-line ad placement terms and conditions: This service is for items to be advertised for sale at $100 or less in total only, including give away items. The AUD$100 or less offer applies until further notice One (1) item only per free advertisement. Maximum of five (5) free ads per household, or per email address or phone number for each published edition. Free advertisements are available for one publication or a single date only to a maximum of 3 weeks for the same item, then 4 weeks break before same item can be advertised again. The same item may be advertised to a maximum of 6 times per annum. No free ads will be published for the following categories of advertising: all advertisements related to businesses quantities exceeding normal domestic applications or consumption commercial breeders or growers commercial hirers, leasing or other fee for use arrangements items related to on going activities, hobbies, collections or businesses aircraft business equipment and/or fixtures and/or fittings wanted to buy advertisements garage sales markets and fetes internet and internet services referrals to websites all animals or plants pet services items advertised AUD$100 or more tickets for sale/buy all employment, motor vehicle, real estate, personal, tenders, quotes, notices and services, travel, business opportunities and /or auction advertising TCP Pty Ltd reserves the right not to publish free advertisements where space within the TCP paper is restricted and/or where a suspected breach of the General Terms & Conditions current at the time of publication occurs, including those conditions outlined above. The Cairns Post reserves the right not to publish those ads it considers are not submitted in the spirit of the offer.

2. Deadlines for insertion, modifications and cancellations.
Advertising Terms and Conditions
Saturday's Carsguide & Boatguide 11.00am FRIDAY
Wednesday's Carsguide & Boatguide 3.00PM TUESDAY
Bargain Hunter 3.00pm TUESDAY
All other classfications 3.00PM WEEKDAYS
(EXCEPT FOR PUBLIC HOLIDAYS – PLEASE REFER TO THE PUBLIC NOTICES SECTION OF THE CAIRNS POST TWO DAYS PRIOR TO INDIVIDUAL PUBLIC HOLIDAYS)

DEFINITIONS
Advertisement: Means an advertisement of any kind placed in any section of any Publication. Advertiser: A person or business that utilises this Service to create and place an Advertisement in a Publication. Deadline: Means the time specified by TCP by which all material and authorisations must be received for inclusion in the next edition of the Publication. All deadline times quoted are in local Queensland times Package (also called on Offer): Means a combination of features that may contain one or more of the following features - Ad Type; Ad Style; specified number of lines or cm depth; specified number of insertions in one or more Publication/s; the number/names of the Publications the Advertisement will appear in; a fixed cost for all defined Package components or a fixed price on a variable component eg. $x-xx/line. A Publisher may offer packages from time to time to an Advertiser. Publication: Includes the Publication as produced by the Publisher, in any format or medium including electronic, online or hard copy print. Publisher: The entity that publishes a Publication. You: The person entering into this Agreement being the Publisher's customer in whose name the account is conducted and can include an advertising agency.