These terms apply to all advertising and contributions provided for display or publications or for transmission to other parties and to any person or entity (‘Customer, commercial or otherwise’) to Snow Much More ABN 88 284 549 041.

1. Publication of Advertising

1.1 Subject to these Terms, Snow Much More will use reasonable endeavours to publish advertising submitted by Customers (‘Advertising’) in the format submitted by the Customer and in accordance with the placement instructions of the Customer. ‘Advertising’ includes images submitted for publication and content or information relating to published Advertisements.

1.2 Every customer grants Snow Much More a worldwide, royalty-free, non-exclusive, irrevocable licence to publish, and to sub-licence the publication of, “Advertising” in any form and in any medium. Snow Much More may publish print Advertising online or vice versa. The customer warrants that it has the right and authority to grant Snow Much More the licence referred to in this clause 1.2

2. Right to Refuse Advertising

2.1 Neither these Terms nor any written or verbal quotation by Snow Much More represents an offer to publish Advertising. A binding contract for Advertising will only be formed between Snow Much More and Customer when Snow Much More accepts the Advertising in writing along with payment or generates a tax invoice for that Advertising.

2.2 Snow Much More 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 Snow Much More).

3. Right to vary Format, Placement or Distribution

3.1 Snow Much More reserves the right to:

(a) vary the placement of Advertising within a particular internet site; and

(b) change the format of Advertising (including changing colour to black and white).

3.2 Except in accordance with clause 12, Snow Much More will not be liable for any costs, expenses, losses or damages incurred by a Customer arising from Snow Much More’s failure to publish Advertising in accordance with a Customer’s request.

4. Submission of Advertising

4.1 Customer warrants to Snow Much More that the Advertising and the publication by Snow Much More of the Advertising does not breach or infringe:

(a) the Trade Practices Act (Cth), Fair Trading Acts (State) or equivalent legislation;

(b) any copyright, trade mark, obligation of confidentiality or other personal or proprietary right;

(c) any law of defamation, obscenity or contempt of any court, tribunal or royal commission; State or Commonwealth anti-discrimination legislation; the Privacy Act (Cth);

(d) any financial services law as defined in the Corporations Act 2001(Cth); or

(e) any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory).

4.2 Customer warrants that if Advertising 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 Customer has obtained the authority of that person to make use of his/her name or representation or the copy.

4.3 Advertising for publication that contains contact details for the Customer must contain the full name and street address of the Customer. Post office box and email addresses alone are insufficient.

4.4 If a Customer submits Advertising that looks, in Snow Much More’s opinion, like editorial material, Snow Much More may publish the Advertising under the heading ‘Advertising’ with a border distinguishing it from editorial.

4.5 Snow Much More will endeavour to take reasonable care of Advertising material in its custody and control, but will not be responsible for any loss or damage to Advertising material.

4.6 Advertising submitted electronically must comply with Snow Much More’s specifications. Snow Much More may reject the Advertising material if it is not submitted in accordance with such specifications.

4.7 If Customer is a corporation and the Advertising contains the price for consumer goods or services, Customer warrants that the Advertising complies with section 53C of the Trade Practices Act (Cth) and therefore contains, as a single price, the minimum total price the consumer must pay to acquire the goods or services to the extent quantifiable at the time of the Advertising.

4.8 Customer must not resell Advertising space to any third party without Snow Much More’s consent.

4.9 If Advertising promotes a competition or trade promotion, Customer warrants that it has obtained all relevant permits and authorisations for the competition or promotion and indemnifies Snow Much More against any claim or liability incurred by Snow Much More in connection with the competition or promotion.

5. Classified Advertising

5.1 Snow Much More will publish classified Advertising under the classification heading that it determines is most appropriate. Classified Advertising headings are for the convenience of readers and are determined at the discretion of Snow Much More.

5.2 Snow Much More will publish classified display Advertising sorted by alphabetical caption and, where space permits, with related line Advertising.

6. Online Advertising

6.1 For online banner and display Advertising, the Customer must:

(a) submit creative materials and a click-through URL to Snow Much More at least 3 working days (5 working days) before the scheduled publication date.

6.2 All online Advertising (including rich media) must comply with Snow Much More’s advertising specifications, as displayed online.

6.3 Snow Much More will measure online display and banner Advertising (including impressions delivered and clicks achieved) through its own ad-serving systems. Results from Customer or third party ad-servers will not be accepted for the purposes of Snow Much More’s billing and assessment of Advertising.

6.4 Subject to clause 12, Snow Much More is not liable for any loss, damages or liabilities arising from a failure of the internet or any telecommunications structure.

6.5 Customer acknowledges that Snow Much More may at its discretion include additional features or inclusions such as third party advertisements within online classified Advertising.

7. Errors

7.1 Snow Much More does not accept responsibility for any errors submitted by the Customer or its agent, including errors in Advertising placed over the telephone.

7.2 If a Customer wishes to make a claim on Snow Much More for credit, re-publication or any other remedy in respect of Advertising, the Customer must send the claim in writing to Snow Much More no later than 14 days after the date of publication of the Advertising.

7.3 Snow Much More will only investigate complaints during normal office hours (9am to 5pm, Monday to Friday excluding public holidays).

8. Advertising Rates and GST

8.1 The Customer must pay for Advertising at the rates displayed online at that point in time, unless otherwise agreed in writing. Rates may be varied at any time by Snow Much More without notice.

8.2 Customer must pay GST at the same time as it pays for the Advertising. Snow Much More will provide Customer with a tax invoice or adjustment note (as applicable).

8.3 The Customer’s eligibility for discounts and rebates will be based on the Customer’s GST-exclusive advertising spend.

9. Credit

9.1 Snow Much More may grant, deny or withdraw credit to a Customer at any time in its discretion.

9.2 The Customer must ensure that its Customer account number is available only to those of its employees authorised to use it. The Customer acknowledges that it will be liable for all Advertising requested with the quotation of the Customer’s account number.

10. Payment

10.1 The Customer must pay for Advertising:

(a) by pre-payment, if required by Snow Much More;

(b) if Advertising on account, within 7 days after the date of the invoice; and

(c) within 30 days of invoice date if a commercial account has been established with Snow Much More.

10.2 The Customer must pay:

(a) for online Advertising in accordance with the size of the Advertising material lodged by the Customer, or the Advertising space ordered by the Customer;

(b) the full price for Advertising even if Snow Much More has exercised its right to vary the format or placement of the Advertising and even if there is an error or omission in the Advertising (unless the error or omission was the fault of Snow Much More); and

(c) any electronic transmission costs.

11. Failure to Pay and other Breach

11.1 If a Customer fails to pay for Advertising in accordance with clause 10 or if a Customer suffers an Insolvency Event as defined in clause 11.2, Snow Much More may (in its discretion and without limitation):

(a) cancel any provision of credit to the Customer;

(b) require cash pre-payment for further Advertising;

(c) charge interest on all overdue amounts at the rate 2% above the National Australia Bank Overdraft Base Rate;

(d) take proceedings against the Customer for any outstanding amounts;

(e) recover from the Customer all costs of action taken by Snow Much More to recover amounts owing, including without limitation, mercantile agency and legal costs on a full indemnity basis;

(f) cease publication of any further Advertising on behalf of the Customer and terminate any agreement in relation to Advertising not yet published; and

(g) exercise any other rights at law.

11.2 A Customer suffers an ‘Insolvency Event’ if:

(a) the Customer is a natural person and the Customer commits an act of bankruptcy;

(b) the Customer is a body corporate and the Customer:

(c) cannot pay its debts as and when they fall due;

(d) enters an arrangement with creditors other than in the ordinary course of business;

(e) passes a resolution for administration, wind up or liquidation (other than for the purposes of re-organisation or reconstruction);

(f) has a receiver, manager, liquidator or administrator appointed to any of its property or assets; or

(g) has had a petition presented for its winding up.

11.3 Snow Much More reserves the right to withhold any discounts or rebates if the Customer fails to comply with its payment obligations.

11.4 A written statement of debt duly signed by an authorised employee of Snow Much More shall be prima facie evidence and proof of the amount owed by the Customer to Snow Much More.

12. Liability

12.1 The Customer acknowledges that it has not relied on any advice given or representation made by or on behalf of Snow Much More in connection with the Advertising.

12.2 Snow Much More excludes all implied conditions and warranties from these terms, except any condition or warranty (such as conditions and warranties implied by the Trade Practices Act and equivalent State acts) which cannot by law be excluded (‘Non-excludable Condition’).

12.3 Snow Much More limits its liability:

(a) for breach of any Non-Excludable Condition (to the extent that liability for such breach can by law be limited); and

(b) for any other error or omission in published Advertising caused by Snow Much More:

(c) at Snow Much More’s option, to re-supply of the Advertising or payment of the cost of re-supply.

12.4 Subject to clauses 12.2 and 12.3, Snow Much More excludes all other liability to the Customer for any costs, expenses, losses and damages incurred by the Customer in connection with these Terms and any Advertising published by Snow Much More, whether that liability arises in contract, tort (including by Snow Much More’s negligence) or under statute. Without limitation, Snow Much More will in no circumstances be liable for any indirect or consequential losses, loss of profits, loss of revenue or loss of business opportunity.

12.5 The Customer indemnifies Snow Much More 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 Customer’s breach of these Terms and any negligent or unlawful act or omission of the Customer in connection with the Advertising.

13. Privacy

13.1 Snow Much More collects a Customer's personal information to provide the Advertising to the Customer and for invoicing purposes. Snow Much More may disclose this personal information to its related companies, to credit reporting agencies and other third parties as part of provision of the Advertising. Where a Customer has an overdue account, Snow Much More may disclose personal information to debt collection agencies to recover the amount due.

13.2 Customers may gain access to their personal information by writing to the Snow Much More Privacy Officer at GPO Box 506, Sydney, 2001. More information about privacy is in Snow Much More's privacy policy accessible at www.fxj.com.au.

14. Confidentiality

14.1 Each party must treat as confidential, and will procure that its advertising agents, other agents, contractors and representatives ("Agents") treat as confidential:

(a) the terms of this Agreement (including terms relating to volumes and pricing);

(b) any information generated for or pursuant to the performance of this Agreement, including without limitation all data relating to advertising schedules, budgets, forecasts, booked advertising, prices or volumes;

(c) any other information that ought in good faith to be treated as confidential given the circumstances of disclosure or the nature of the information;

(d) any information derived wholly or partly for any information referred to in (a) to (c) above;

(e) unless disclosure is required by law.

14.2 Each party agrees to take all reasonable precautions to prevent any unauthorised use, disclosure, publication or dissemination of the confidential information by or on behalf of itself or any third party.

15. General

15.1 These Terms, together with any other written agreement between the Customer and Snow Much More relating to these Terms, represent the entire agreement of the Customer and Snow Much More for Advertising. They cannot be varied except in writing by an authorised officer of Snow Much More. No purchase order or other document issued by the Customer will vary these Terms.

15.2 Snow Much More will not be liable for any delay or failure to publish Advertising caused by a factor outside Snow Much More’s reasonable control (including but not limited to any act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).

15.3 Snow Much More may serve any notice on a Customer by sending it by pre-paid post or facsimile to the last known address of the Customer.

15.4 These Terms are governed by the laws of the State in which the billing company for the Advertising is located and each party submits to the non-exclusive jurisdiction of that State.