Last Revised: 11 - Nov - 2021

Advertising Terms and Conditions

Our Advertising Terms and Conditions set out our standard terms and conditions for advertising products and services we supply to advertisers on our websites.

Every advertiser and advertising agency (“you”) who submits an order for advertising on a website or in an email operated by us, agrees to these terms and conditions. Your order and these Terms and Conditions form the basis of a contract between you and us for the provision of the advertising ordered by you.

We will, subject to availability, technical limitations and these Terms and Conditions, use our reasonable endeavours to publish your advertisement in the format submitted by you and in accordance with your other instructions or created by us which is approved by you via your registered email. The positioning or placement of your advertisement will be at our discretion unless we expressly agree in any of our plan otherwise in writing.

We may, at our absolute discretion, refuse to publish any advertisement without giving any reason. No contract is formed between you and us until we accept your advertisement for publication and issue you with a invoice. If we do refuse to publish your advertisement, no fee will be charged to you. Even if a contract has been formed between you and us, we reserve the right to refuse or withdraw your advertisement at any time, without giving reasons, even if we have previously published the same or similar advertisement. We may, at our absolute discretion and at no extra cost to you, re-publish your advertisement in any other place. You acknowledge that we are entitled to publish your advertisement anywhere in the world via any medium. We may, without prior consultation or notice to you, amend your advertisement in any way whatsoever, if we believe that the publication of your advertisement would be offensive, in breach of any law, in breach of any pre-existing agreement we have with a third party or in breach of a third partys rights. If we amend your advertisement, this will not reduce the price agreed for publication of the advertisement. We reserve the right to vary the placement or positioning of your advertisement and to change the format of your advertisement where we deem fit to do so. We will endeavour to notify you of those changes, but we will not be liable for any costs, expenses, losses or damages suffered or incurred by you arising from our failure to publish your advertisement in accordance with your request. We may head any advertisement as “Advertisement” whenever required to do so by law or whenever we consider it appropriate, for any reason, to distinguish it from other types of content.

The rate for your advertisement will be as agreed by us and specified in our Advertising Agreement plan Online. If we have quoted a rate to publish a specific quantity of advertising over a specific period and a lesser quantity is submitted for publication within that period, then what is published within that period shall be costed at whatever rate is necessary to generate the expenditure which would have been incurred had the full agreed volume been published. You must pay us for the advertising services in accordance with the terms of your order. If no due date for payment is specified in your order, you must pay us within 30 days of the date of the invoice. We will invoice you monthly in advance. All rates and charges quoted are, unless expressly stated otherwise, exclusive of GST. We will issue you with a valid tax invoice and you must pay us any applicable GST in addition to the rates and charges quoted to you. Standard creative must be received at least 3 working days prior to the campaign starting date and rich media creative must be received at least 5 working days prior to the campaign starting date. If creative is received by us after the relevant date and causes your campaign to be delayed, the publication of the advertisement will be considered to have commenced on the commencement date specified in the order. It is your responsibility to arrange and manage re-directs with third party adservers and provide such third party with the creative and lead time requirements. We will not compensate you where campaigns are affected or delayed in any way by third party ad-server redirect problems. We may, in our absolute discretion, remove any redirects from our network which are delayed in serving advertisements. All click-through URLs must enable the browsers back feature to allow users to return to our website. If you submit advertising material to us electronically, the material must comply with our specifications. We can reject the advertising material if it is not submitted in accordance with such specifications.

You must promptly check any proofs of advertising, if we have arranged to provide you with any and notify us of any errors in the proofs or in any advertisement that we publish for you. We do not accept any responsibility for errors in advertising material that has been submitted electronically by you.

Cancellation of any advertisement or campaign must be received in email from you no less than 21 days before the commencement date in your order in order to receive a 100% refund. Any cancellations of any nature received after the Cancellation Deadline as published in the Advertising Agreement Online are at the sole discretion of DMS Groups. Any cancellations after this date will be subject to a minimum cancellation fee of 100% of the total cost of the entire campaign. Campaigns cancelled at your request after commencement will not be entitled to a refund of the unused portion of the campaign.

If you fail to pay for the advertising services in accordance with your order and these Terms and Conditions, or if you commit an act of bankruptcy, become insolvent, have a receiver or administrator or liquidator or manager appointed over any of your assets or if you resolve to wind up your company, then we may (at our absolute discretion cancel any current advertising campaign and terminate any agreement for advertising that is yet to be published and take proceedings against you to recover any overdue amount including costs in relation to any action taken against you by us.

By submitting advertising material to us or authorising or approving the publication of advertising material by us on your behalf, you warrant that the advertising material complies with all relevant laws and regulations and that its publication will not give rise to any claims or liabilities against us, our partners, our directors, employees or agents. Without limiting the above, you warrant that the advertising material submitted, authorised or approved by you does not breach or infringe the Trade Practices Act, the Fair Trading Acts of relevant States of india or equivalent or other sale of goods legislation; any copyright, trade mark, obligation of confidentiality or other personal or proprietary rights; any law of defamation, obscenity or contempt of any court, tribunal or royal commission; State or Commonwealth anti-discrimination legislation; the Privacy Act; or any other law (including but not limited to any common law, statute, delegated legislation, rule and ordinance of the Commonwealth or any State or Territory). By submitting, authorising or approving advertising material for publication by us, you indemnify us and our partners, our directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly, from the publication of the advertising material. Without limiting the generality of the above, you indemnify us and our partners, our directors, employees and agents against any costs, expenses, losses, damages, liability and claims suffered or incurred and arising from your breach of these Terms and Conditions and any negligent or unlawful act or omission by you in connection with the advertising.

We make no representation or warranty in relation to the number of visitors to our websites or the number of impressions at any site except for any made expressly in writing by us. Except for any warranty or representation made expressly in writing by us, you acknowledge that you have not relied on any advice given or representation made by us or on our behalf in connection with the advertising.

We have no liability to you and you indemnify us in relation to any failure of telecommunications services or systems which affect our receipt of your advertisement or the publication of your advertisement.

We exclude all implied conditions and warranties from these Terms and Conditions, except any condition or warranty (such as those implied by the Trade Practices Act) which cannot be excluded (in on-excluded conditions). We limit our liability for: breach of any non-excluded condition (to the extent that liability for such breach can be limited); and any other error or omission in publishing caused by us; to (at our option) re-supply of the advertising services affected by our breach or payment of the cost of re-supply. Subject to the above, we exclude all other liability to you for any costs, expenses, losses and damages suffered or incurred by you in connection with these Terms and Conditions and any advertisement published by us, whether that liability arises in contract, tort (including by our negligence) or under statute. Without limitation, we will not, in any circumstance, be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.

We may change these Terms and Conditions at any time without notice to you. Those changes will apply to the provision of advertising services after the date the change becomes effective. You and we will be bound by the Terms and Conditions that are current as at the date of your order.

These Terms and Conditions, together with your Advertising Agreement Online, represent the entire agreement between you and us in relation to the advertising services and cannot be varied except by agreement in writing signed by one of our authorised by CEO. No purchase order or document issued by you will vary these Terms and Conditions. We will not be liable for any delay or failure to publish your advertisement that is caused by a factor outside of our reasonable control (including but not limited to any act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint). We may serve a notice or any court document on you by forwarding them by prepaid post or facsimile to your last known address.

Advertising Guidelines

These advertising guidelines (“Guidelines”) set forth standards that govern the placement and display of advertisements and sponsored content (collectively “Ads”) by any advertiser, agency, or advertising technology platform (collectively “Advertisers”). Advertisers must adhere to these Guidelines when placing Ads, including Ads purchased under the AAAA/IAB Standard Terms and Conditions, on websites or mobile properties, owned or controlled by DMS Groups (collectively “DMS Groups”).

These Guidelines are intended to provide general parameters for Advertisers in connection with Ad creative and content served on DMS Groups website, webpage, and webapp. They are not exhaustive and do not address every situation or issue that may arise in the course of business. Accordingly, these Guidelines are subject to change from time to time in DMS Groups sole and absolute discretion.

Advertisers are responsible for understanding and complying with all applicable laws and regulations, including FTC guidelines regarding advertising, native advertising disclosures, endorsements, privacy, and TOU. All Ads must be fair, truthful, and clearly distinguishable from editorial content. Advertisers are responsible for ensuring all Ads and related claims are adequately substantiated. Further, Advertisers must adhere to DMS Groups Prohibited Content Guidelines and Additional Standards set forth below, which are incorporated into and made a part of these Guidelines.

Ads served through networks or exchanges are reviewed on a regular basis and, in addition to any other remedies we may have, DMS Groups reserves the right to remove, without notice, any Ads that do not meet these Guidelines, regardless of whether the Ad was previously accepted by DMS Groups.

PROHIBITED CONTENT

Ads may not contain or promote the following:

1. Drugs/Alcohol/Tobacco. Ads may not promote illegal drugs, illegal substances, abuse of prescription drugs, use of Alcohol (except for beer and wine), or tobacco products, or any related paraphernalia thereto. Lawful products and services which promote quitting tobacco related products are permitted.

2. Weapons/Violence. Ads may not promote the use, distribution, or making of firearms, ammunition, explosives, pyrotechnics or other weapons. Ads may not promote violence, cruelty, or physical or emotional harm to any person or animal.

3. Illegal Activities/Gambling. Ads may not promote any illegal or other questionable activities which may be illegal in one or more jurisdictions, including without limitation hacking, counterfeiting, or other activities that may violate the intellectual property, privacy, publicity, or contractual rights of others. Ads may not contain or promote content related to scams, financial schemes, pyramid schemes or other fraudulent or illegal financial or investment opportunities. Ads may not promote casinos, gambling, betting, numbers games, sports or financial betting. Ads promoting state lotteries are permitted.

4. Hate/Intolerance/Discrimination. Ads may not contain or promote hate speech, personal attacks, or discrimination toward any individual, group, country or organization.

5. Obscenity/Indecency/Profanity. Ads may not contain or promote any obscene, indecent, profane or offensive words, images, sounds, videos or other content.

6. Political/Religious. Ads may not contain hostile, offensive, inflammatory or hateful speech related to political or religious topics or groups. Ads may not exploit controversial political, social, or religious issues for commercial purposes.

7. Sexual/Adult Content. Ads may not include full or partial nudity, depictions of people in explicit positions, or activities that are overly suggestive or sexually provocative. Ads will not contain text or images exposing anyone or anything involved in explicit sexual acts or lewd and lascivious behavior. Ads may not promote escort, dating, erotic massage, pornography, or other sexual products or services.

8. Disparagement/Defamation. Ads may not contain disparaging or defamatory information or content which tends to harm the reputation of DMS Groups or any other individual, group, or organization.

9. Gross Depictions. Ads may not contain or promote content that is crude, vulgar, degrading or likely to shock or disgust.

10. Militant/Extremism. Ads may not contain or promote extremely aggressive and combative behaviors or unlawful political measures, including individuals or groups advocating violence as a means to achieve their goals.

11. Sensitive Content. Ads may not target sensitive categories such as financial status, medical conditions, mental health, criminal record, political affiliation, age, racial or ethnic origin, religious or philosophical affiliation or beliefs, sexual behavior or orientation, or trade union membership.

12. Free Goods/Services. Ads may not distribute or promise to distribute any free goods and services.

13. Targeted at Children. Ads may not specifically target children, including through cartoons or other similar content.

14. Unverifiable Claims. Ads may not make confusing claims that reasonable consumers cannot readily understand and evaluate.

15. Before/After Images. Ad may not depict “before and after” images or images that contain unexpected or unlikely results.

16. Health/Safety Claims. Ads may not promote actions likely to harm one’s health, such as bulimia, anorexia, binge drinking, or drug use. Ads may not make health claims that are not clearly substantiated. Advertisers may be required to submit supporting documentation to substantiate their products’ claims.

17. Misleading/False/Deceptive: Ads may not contain any information or content that is potentially misleading, false, or deceptive, including content which is meant to deceptively generate clicks such as fake “close” buttons.

18. Competitive to DMS Groups /Affiliates. Ads may not promote direct competitors of DMS Groups or any of its parent, affiliate, subsidiary or other related entity.

ADDITIONAL STANDARDS

Advertisers and Ads must adhere to the following:

Audio/Animation. Ads may not include overly disruptive audio or animation that plays automatically.

Popups/Downloads. Ads may not include lead ads, floating layers, pop-ups, surveys, or any digital downloads.

Malicious Software. Ads may not contain malicious code, software or viruses, including malware, spyware, adware, steal ware, or Trojan horses.

Separation. Ads must contain clear borders and be displayed so they are unmistakably not part of DMS Groups editorial site content.

Phishing. Ads may not trap or trick a user into providing money or any account, personal or other sensitive information.

Compatibility. Ads must function uniformly on both Apple and PC formats, as well as all major Internet browsers.

Independence. Ads may not appear to compromise or influence DMS Groups editorial independence from Advertisers.

Endorsements. Ads may not create or imply the existence of any endorsement by DMS Groups of any product, service or organization.

Landing Pages. Landing pages associated with Ads must correspond to the Ads call to action and not engage in “bait and switch”.

Proprietary Rights. Ads may not violate any copyright, trademark, trade secret, patent, publicity, privacy, or other proprietary rights of DMS Groups or any third party. Advertisers may not alter or interfere with the readability or display of any DMS Groups trademarks, service marks, logos, designs or slogans.

Data Collection/Use. Ads may not include open-box forms to register users or collect any data. Ads may not collect and sell data or mailing lists regarding DMS Groups users without the users’ express permission. Advertisers may not collect any personally identifiable information from DMS Groups users or place any cookies, applets or other similar files — if those files transmit any personally identifiable information to Advertisers — on desktop computers or mobile devices of DMS Groups users. Advertisers must handle data with appropriate care, not misuse any data which they are permitted to collect, nor collect any data for unclear purposes or without appropriate security measures