Turu Advertiser and Online Booking Supplementary Terms
1 Status of these terms and conditions
These Supplementary Terms apply to owners or operators of holiday parks, camping grounds and other park accommodation (Holiday Parks) who wish to advertise their businesses on the turu.com.au website (the Website) and/or to use the online booking services available on the Website. These terms are supplementary to, and must be read in conjunction with, the general terms and conditions governing use of the Website, which can be found at http://turu.com.au/terms-conditions.aspx or provided to you on request (General Terms).
In these terms:
Advertisement means the advertising material booked by you to run on the Website including, but not limited to, park listings, premium listings, integrated content and banner advertising. For clarity, Advertisements may also be published on Turu branded pages, on social media platforms and other websites and any Turu branded communications sent to subscribers, customers or other parties. Where you have also booked advertising to run in one of our printed publications (for example, the Caravan World Year Book), the print advertisement constitutes an Advertisement and these terms will apply.
Authorised Turu Representative means the Chief Executive Office of Bauer Trader or General Manager - Turu.
Commission means the commission payable for use of the Online Booking System calculated as set out in the Rate Card provided to you, or as otherwise notified to you from time to time.
GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Net Revenue means the gross revenue received by us for Online Bookings less merchant fees and Commission.
Online Booking System means the system used to process Online Bookings on turu.com.au.
Our Publications means any hard copy or electronic publication published in Australia or New Zealand which is published by Bauer Media Pty Limited or any of its Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth)), or any entity in which Bauer Media Pty Limited holds a direct or indirect interest.
Rate Card means the rate card(s) setting out charges applicable to Advertisements, Subscriptions and/or Commissions.
Subscriptionmeans a monthly or annual subscription for advertising services provided on the Website as set out at http://turu.com.au/turu-park-partner-packages.aspx.
UNSmeans the Unique Numbers System which tracks enquiries via phone and email generated by Advertisements.
We, us and our means the Turu.com.au division of Bauer Media Pty Limited (ABN 18 053 273 546).
You and your means the person placing the Advertisement, including any advertising agent acting on behalf of a Holiday Park and/or the person who wishes to use the Online Booking System.
Capitalised terms which are not defined have the meaning given to them in the General Terms.
1.3 Entire Agreement
These terms, together with the General Terms, represent the entire agreement between us and you with respect to Advertisements booked to run on the Website and/or use of the Online Booking System and replace all earlier terms (Agreement). Any other terms will apply only if accepted in writing by an Authorised Turu Representative. By booking an Advertisement or using the Online Booking System, you are deemed to accept the terms of this Agreement.
Where there is any inconsistency between these Supplementary Terms and the General Terms, these Supplementary Terms will prevail to the extent of that inconsistency.
You warrant that the information provided by you to Turu under this Agreement is correct and the person executing this Agreement is duly authorised to do so.
(a) You warrant to us that any Advertisement provided by you:
(i) complies with all applicable laws, statutes, regulations and codes of practice;
(ii) complies with our standards and requirements as notified to you from time to time;
(iii) does not infringe the copyright, trade marks or other legal rights of any person;
(iv) is not false or misleading and is true in substance and in fact, accurate and up-to-date;
(v) without limiting the above, does not breach the Competition and Consumer Act 2010 (Cth); and
(vi) does not contain anything which may give rise to any cause of action by a third party, including without limitation, any material which is defamatory or obscene or which otherwise causes injury or damage to any person.
(b) We may, at our discretion:
(i) refuse to accept any Advertisement and may at any time, in our sole discretion, cancel or reschedule any booking;
(ii) publish any Advertisement in Our Publications (including without limitation the Caravan World Year Book) and any website associated with Our Publications; and
(iii) place the word "Advertisement" above or below any Advertisement which, in our opinion, resembles editorial matter.
c) We do not guarantee to place any Advertisement (and will not be in breach of our contract with you by failing to place an Advertisement) in any preferred position requested by you, or separated from any other advertisement for competing products or services.
d) We have no responsibility for supplied artwork or proofs, and we are not responsible for any supplied artwork or proofs not collected by you.
e) All cancellations must be in writing (for the avoidance of doubt, email shall suffice).
(f) If you do not supply an Advertisement for a booking then we may:
(i) re-use Advertisements supplied for an earlier booking, if available;
(ii) replace your Advertisement with other material; or
(iii) use the space for other material.
(g) Any Advertisement is subject to our standard advertising terms at http://www.bauer-media.com.au/adterms and those terms are incorporated into this Agreement by reference except to the extent they are inconsistent with this Agreement, in which case, this Agreement prevails.
3 Online Bookings
(a) Each Online Booking represents a contract between a customer and you, and we are not a party to that contract.
(b) You are responsible for maintaining and updating all inventory and/or booking allotments listed on the Website. It is your sole responsibility to ensure that these allotments are kept up to date.
(c) You warrant to us that:
(i) all information provided to us (including any information provided for publication on the Website) is true and correct; and
(ii) you have full power and authority to enter into and perform your obligations under this Agreement and in respect of each Online Booking.
(d) We may, at our discretion, and without any obligation to provide reasons, refuse to accept any accommodation for listing on the Website (and we will not be in breach of our contract with you by failing to list accommodation).
4 Charges and Payment
(a) You agree to pay to us the charges set out on the applicable Rate Card, or otherwise notified to you from time to time, for the listing of the Advertisement on the Website. For the purposes of Subscriptions, email or phone call enquiries (Enquiries) are tracked by UNS and you accept the veracity and reliability of that UNS. You acknowledge that the contact phone number published in each Advertisement will be a unique phone number specifically allocated by us, and all calls made to that number will be routed via our systems to your own telephone number and treated as Enquiries for the purpose of determining whether you have reached the limit applicable to your Subscription. You also acknowledge that email enquiries from the Website will be redirected to your holiday park’s own email address via our systems and treated as Enquiries.
(b) Each individual phone call or email is treated as a separate Enquiry.
(c) You may query a Lead reported by us within 21 days. You acknowledge that we will not accept disputed Enquiries outside that period.
(d) Subsequent Advertisements booked by you will include the unique phone number unless you notify us prior to the print deadline that you do not wish that number to be included.
4.2 Online Bookings
(a) We will track Online Bookings and report those bookings to you in a monthly statement setting out the value of Online Bookings sold in the previous month and the Net Revenue due to you (if any).
(b) We will pay the Net Revenue to you within 14 days of providing the statement in clause 4.2(a) and will, for the avoidance of doubt, deduct merchant fees and retain the Commission.
(c) For the avoidance of doubt, the Commission will remain payable on all Online Bookings processed through the Website regardless of whether payments are made through the Website or directly to you and regardless of whether any full or partial refund is provided to the customer for cancellation or variation to an Online Booking.
(d) Cancellations and variations of Online Bookings will only be possible in accordance with your terms and conditions. Where we receive a request from a customer to cancel or vary an Online Booking, we will refer this query to you in the first instance. If instructed by you in writing, we will arrange to refund part or all of any payment made by the customer directly to us in relation to the Online Booking. If we have already remitted the accommodation charges in relation to the Online Booking to you, you must reimburse us for that refund.
4.3 Payment terms
(a) We will invoice you monthly for all Commissions due in respect of Online Bookings made and/or charges payable for Advertisements booked, during the previous month.
(b) Subscriptions will be charged to the credit card nominated at the time of registration at monthly or yearly intervals depending on your Subscription.
(c) All payments, other than credit card payments, are due within 30 days of the date of each invoice.
4.4 Payments to you
You acknowledge and agree that:
(a) you must provide us with your bank details to enable the remittance of Net Revenue; and
(b) all accommodation charges are quoted inclusive of GST on the Website and you are responsible for payment of all applicable taxes in connection with the Online Bookings, including remitting GST to the Australian Tax Office.
4.5 Credit check
You irrevocably authorise us to make such enquiries with third parties as we deem necessary for the purposes of assessing your credit worthiness from time to time and agree to us disclosing the contents of any credit report or personal information to a credit reporting agency for the purpose of the credit reporting agency creating or adding to any credit information file in relation to you.
(a) In this paragraph 4.6, words that are defined in the GST Act have the same meaning as the words in that Act.
(b) Except as otherwise provided by this paragraph, all consideration payable under this agreement in relation to any supply (including the Commission and Advertising and Subscription charges) is exclusive of GST.
(c) If GST is payable in respect of any supply made by a supplier under this Agreement, subject to paragraph (d), the recipient will pay to the supplier an amount equal to the GST payable on the supply at the same time and in the same manner as the consideration for the supply is to be made under this agreement.
(d) The supplier must provide a tax invoice to the recipient before the supplier will be entitled to payment of the GST payable under paragraph (c).
5 Warranties and liability
(a) Subject to clause 8 of the General Terms, all express or implied warranties, representations, conditions, guarantees or other provisions that are not contained in this Agreement (however arising, whether under legislation, common law or otherwise) are excluded to the fullest extent permitted by law.
(b) You acknowledge and agree that the exclusions and limitations on our liability contained in the General Terms apply and we accept no responsibility or liability whatsoever for:
(i) the availability of the Online Booking System or Website;
(ii) for any Online Booking, including where a customer fails to make payment to you.
You indemnify us, our employees, agents, affiliates and contractors, and their employees and agents against any action, claim, loss or expense arising from:
(a) the listing of, or failure to list, accommodation on the Website; or
(b) any Advertisement published on the Website; or
(c) a breach by you of this Agreement.
7 Force majeure
Neither party will be liable for any delay in performing any of its obligations under these terms and conditions if such delay is caused by circumstances beyond the reasonable control of that party.
(a) This Agreement is deemed to have commenced on the date it is 'accepted' by you and continues for the period which has been agreed in writing by us, or twelve (12) months, whichever is shorter (Initial Term), unless terminated by either party in accordance with its terms.
(b) The term of the Agreement is automatically extended without further action by either party for an additional period of twelve (12) months (Further Term) at the end of the Initial Term and each Further Term (if any), unless:
(i) terminated by either party in accordance with its terms; or
(ii) either party notifies the other party in writing at least thirty (30) days before the end of the current Initial Term or Further Term (as the case may be) that the Agreement is terminated with effect from the end of the then current Initial Term or Further Term (as the case may be).
(c) We may terminate the Agreement with immediate effect by notice to you if we reasonably believe that:
(i) you have breached or may breach any of your obligations under the Agreement;
(ii) you have become insolvent, have had any winding up petition presented against you, have been placed under official management, administration, liquidation or provisional liquidation, have had a receiver, receiver and manager or other controller appointed over any part of your property or undertaking, have become unable to pay your debts as they fall due, or have ceased to carry on business or threatened to do so.
(d) Notwithstanding termination of this Agreement, you remain liable to pay us the:
(i) Commission in respect of all Online Bookings made; and/or
(ii) charges for all Advertisements booked, on or prior to the date of termination in accordance with the terms of this Agreement.
You must comply with, and do all things requested by us to enable us to comply with, the requirements of all applicable privacy laws.
(a) If any part of these terms and conditions is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
(b) These terms and conditions are governed by the laws of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
(c) This Agreement constitutes the entire agreement between us and you in relation to the Website and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website.
(d) Your use of the Website is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices.
(e) The provisions of these terms and conditions which by their nature survive termination or expiry of these terms and conditions will survive termination or expiry of these terms and conditions.
(f) The word "including" when used in these terms and conditions is not a term of limitation.
Updated 13 August 2015