This website platform (Platform) is owned and operated by TV HUB Pty Ltd ACN 636 453 551 (TV HUB).
"You" means the entity that is identified as the customer of the Platform when you complete your details on the Platform.
By using the Platform and creating an account, in consideration of TV HUB providing you with access to the Platform and the services offered therein, you agree to be bound by these Terms and Conditions.
TV HUB recommends that you print a copy of these Terms and Conditions for future reference.
TV HUB reserves the right to amend these Terms and Conditions from time to time. Every time you wish to use the Platform, please check these Terms and Conditions to ensure you understand the terms and conditions that apply at that time.
Provision of Services
TV HUB provides television advertising services to its clients by analysing data, considering client requirements and offering tailored marketing campaigns for different budgets for television advertising (TV Campaign) (collectively, Services).
All advice, content, recommendations and productions provided during the provision of the Services and that form the TV Campaign are provided by TV HUB and its affiliates based on your instructions.
You authorise TV HUB to publish the TV Campaign content in its discretion, via televisions stations and in time slots as it deems appropriate with reference to your objectives, target audience, selected channels, budget, TV commercial length, campaign length, preferred time slots and campaign strategies.
You are required to create an account should you wish to create a free TV Campaign or engage TV HUB for the Services.
You agree that any representative who creates an account or provides instructions to TV HUB has the express authority to enter into these Terms and Conditions on your behalf.
It is your responsibility to enter the details required to create an account are entered correctly.
You agree to execute a letter of authority provided by TV HUB to authorise TV HUB to act as your agent to plan and book media on all channels and cancel any previous authority with any previous agency.
TV HUB may offer an option to produce a TV commercial for you on your instructions (TVH Commercial). This does not form part of the TV Campaign and will be subject to another contract between you and TV HUB or a third party (as appropriate).
If you provide your own TV commercial, TV HUB is under no obligation to review or approve each commercial and you remain solely liable for each commercial that you submit for publication. The publication of a commercial does not mean that TV HUB accepts that the commercial has been provided in accordance with these Terms and Conditions or that TV HUB has waived its rights under these Terms and Conditions, including the rights to amend or reject the commercial in subsequent campaigns.
TV commercials must be provided to TV HUB at least seven (7) business days prior to the launch of the TV Campaign.
You warrant that the content provided to TV HUB:
is accurate and can be relied upon by TV HUB;
is compliant with advertising laws; and
does not infringe the rights of any person, including intellectual property rights and privacy obligations.
Media Buyers and Agencies
Where you are an advertising agency or media buyer:
you acknowledge that you contract with TV HUB and are principally liable under these Terms and Conditions;
you warrant that you are authorised by the supplier of a product or service referred to in the TV Campaign (Promoter) to engage TV HUB to develop and place the TV Campaign;
you indemnify TV HUB for any claim made by the Promoter against TV HUB.
Payments, Cancellations and Credits
A minimum campaign spend of AUD$10,000 per week plus GST applies, with a minimum period of one week.
TV HUB will provide an invoice with a payment link once a campaign has been approved by you.
You agree to pay the price for the Services when indicated by TV HUB but in any event, prior to TV HUB booking any media. TV HUB is under no obligation to perform the Services until payment in full has cleared in immediately available funds.
Payment of the invoice is acceptance of the TV campaign as being correct and appropriate for you.
You may cancel your TV Campaign without penalty up to five weeks prior to the start date of the TV Campaign. If a cancellation request is received within that time frame, TV HUB will issue a refund for the TV Campaign for the value of the cancelled TV Campaign less an administration fee of $1,250.00 + GST.
If you cancel, or change the start date of, the TV Campaign less than five weeks and more than five days from the start date of the TV Campaign:
a late cancellation fee of ten percent (10%) of the value of the TV Campaign will apply; and
TV HUB will issue a credit for ninety percent (90%) of the value of the TV Campaign, which may only be used in accordance with clause 2.3.
If you cancel, or change the start date of, the TV Campaign within five days of the start date of the TV Campaign, you forfeit the fees paid and you are not entitled to any credit.
All cancellation requests must be in writing.
Credits may only be used to fund:
one TV Campaign and cannot be used across multiple TV Campaigns; and
a TV Campaign that is, in TV HUB's sole opinion, subject to substantially similar parameters as set in the original TV Campaign.
Credits cannot be applied to creative works.
If using a credit issued under clause 2.2(b), you must notify TV HUB at the time that you wish to use the credit and TV HUB will provide you with a media schedule.
The self-service platform cannot be used when applying a credit.
When using a credit to fund a new TV Campaign, the total audience for the new TV Campaign will likely vary from the initial TV Campaign.
Media credits must be used within 12 months of the initial TV Campaign first scheduled time and after such time, will not be valid.
The Guaranteed Audience (defined below) does not apply to TV Campaign's booked using a credit.
TV HUB Audience Guarantee
TV HUB provides analysis of the effectiveness of your TV Campaign by measuring the number of times that your TV advertisement/s will be seen (Impressions).
TV HUB guarantees that the TV Campaigns will deliver 100% of the Impressions specified in the confirmation documentation that relates to the TV Campaign (Guaranteed Audience).
The number of Impressions are independently measured by OzTam, the official audience measurement in Australia. OzTam determines the number of Impressions with reference to live viewing and viewing of broadcast content that is played back through the television set at a normal speed within seven days of the original broadcast. (Consolidated Impressions),. You agree to accept the Consolidated Impressions data provided to you by TV HUB (using Oztam's data) as accurate, final and binding.
In the event that the Guaranteed Audience is not met (as determined by the Consolidated Impressions), TV HUB will refund the shortfall in Impressions, calculated per TV Campaign, as follows:
Impressions in the Guaranteed Audience - Consolidated Impressions (rounded to the closest one thousand)
Original Cost Per Mille (CPM)
Warranties, Indemnities and Liability
You warrant that:
all information, instructions and content (including commercials) (Content) provided to TV HUB is accurate, complete, true and not misleading;
you have obtained the consent of any living person whose name, image or likeness (in whole or in part) is contained in any Content;
the Content is legal, decent, honest and truthful;
the Content is not contrary to any law, regulation or code of practice;
the Content is not libellous or obscene; and
the Content does not infringe the rights of any person, including intellectual property rights.
TV HUB accepts no liability for loss that may be suffered by you:
in its fulfilment of the services in reliance of the information provided by you; or
as a result of a TV commercial not being available for publication or not being published where such event arises from any cause beyond TV HUB's reasonable control;
or a breach of these Terms and Conditions by you.
TV HUB shall not be responsible, under any circumstances, for any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue or any loss which cannot reasonably be considered to arise naturally from the events giving rise to the losses.
Subject to clause 4.5, TV HUB's maximum total liability to you (including any Promoter or other party claiming through you) for any loss or damage arising out of or in relation to the subject matter of these Terms and Conditions whether in contract, statute, tort (including negligence) or on any other basis in law or equity shall not exceed the total amount of the charges for the relevant TV Campaign actually paid by or on behalf of you.
If this contract is deemed to be one to which Schedule 2 of the Competition and Consumer Act (Cth) 2010 (ACL) applies only, the liability of the Seller in respect of any breach of or failure to comply with any applicable Consumer Guarantee contained in the ACL is limited to:
the supplying of the services again; or
the payment of the cost of having the services supplied again.
TV HUB does not guarantee that the Platform will be secure or free from bugs or viruses or function without interruption or errors. The Platform is provided on an "as is" and "as available" basis. In the event of an error occurring on the Platform which has the result of creating an inappropriate or unsupportable Guaranteed Audience, or any other promise regarding the Services, TV HUB will endeavour to contact you as soon as possible to advise you of the error. Such error will not be binding on TV HUB.
You are responsible for configuring your information technology, computer programmes and platform to access the Platform. You should use your own virus protection software. By accessing the Platform, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by the Platform or by any Third Party Content or Third Party Platform.
To the extent permitted by law, TV HUB and its affiliates excludes all warranties, conditions and representations (whether express or implied) that may apply to the Platform or any Content on it. TV HUB and its affiliates will not be liable to you for any loss or damage of any kind, whether in contract, tort (including negligence), even if foreseeable, arising under or in connection with:
your use of, or inability to use the Platform; or
your use of or reliance on any Content or material displayed on the Platform,
including any direct, indirect, special, incidental, consequential or punitive damages, which includes, but is not limited to, loss of revenue or profits or business or anticipated savings, loss of use or goodwill or reputation, loss of data, even if such loss was foreseeable.
You indemnify TV HUB for all costs (including legal costs on a solicitor client basis), expenses, claims, demands, damages and losses of any kind arising from or attributable to the publication of the TV Campaign or otherwise arising from a breach by you of these Terms and Conditions.
All material on the Platform, including the text, code, information, graphics, illustrations, photographs, video, music, sound, trading names, service marks, logos, design, layout, downloads, pricing, products and services (Platform Content) is owned by or licensed to TV HUB.
You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store Platform Content for any purpose, other than with the prior written consent of TV HUB, or as permitted by law. All rights of TV HUB are reserved.
Third Party Engagement and Content
TV HUB engages with third parties such as TVSquared, OzTam, Adalyser, content creators and television stations to provide the Services.
The Platform may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under the control of TV HUB. TV HUB does not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Platform, or in respect of the owner or operator of a Third Party Platform or their conduct. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.
Your conduct on the Platform
You must not:
use the Platform in breach of any applicable laws or regulations;
link to, frame or mirror any part of the Platform without TV HUB’s written authorisation;
use the Platform for competitive advantage or to the competitive disadvantage of TV HUB;
use the Platform to harm, abuse, harass, stalk, threaten or otherwise offend others;
interfere with, disrupt, or create an undue burden on the Platform;
upload, post, transmit or otherwise make available any material that:
is not your original work, or which may infringe the intellectual property or other rights of another person;
is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
includes an image or personal information of another person unless you have their consent;
you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive;
contains large amounts of untargeted, unwanted or repetitive content; or
contains financial, legal, medical or other professional advice.
Without limiting the above, you will not and will not permit a third party to:
misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technically harmful. You must not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform. You must not attack the Platform via a denial-of-service attack or a distributed denial-of service attack;
use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repacking the Platform Content;
use, obtain, or attempt to obtain from the Platform, information in order to identify or discover pricing, underwriting, rating and related business methodology or systems; and
do anything which will or may damage, disrupt access to or interfere with the proper operation of the Platform.
If you believe that a user has breached any of the above conditions, please contact us.
By uploading, transmitting, posting or otherwise making any material available via the Platform, you grant TV HUB, a non-exclusive, worldwide, royalty-free, perpetual licence to use, store, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Copyright Act 1968 (Cth). Any material you upload to the Platform will be considered non-confidential and non-proprietary.
TV HUB reserves the right to block or suspend any user of its Platform, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the Platform by any user, without notice. TV HUB also has the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you on the Platform constitutes a violation of their intellectual property rights or of their right to privacy.
TV HUB is not responsible for, and accepts no liability with respect to any material uploaded, posted, transmitted or otherwise made available on the Platform by any person other than TV HUB. TV HUB does not endorse any opinion, view, advice or statement made by any person other than TV HUB.
You agree to indemnify TV HUB and each of the officers, employees, agents, contractors, suppliers and licensors (collectively Affiliates) of TV HUB in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of or in connection with the breach of or failure to comply with these Terms and Conditions, or any other default or wrongful conduct in relation to the subject matter of these Terms and Conditions, on the part of you or any of your Affiliates.
These terms and conditions are governed by the laws of New South Wales, Australia.
You may not assign or otherwise deal with any of your rights under this agreement, without the prior written consent of TV HUB (who may withhold its consent in its absolute discretion.)
A waiver of a right, remedy or power must be in writing and signed by the party giving the waiver.
A party does not waive a right, remedy or power if it delays in exercising, fails to exercise or only partially exercises that right, remedy or power.
A waiver given by a party in accordance with clause 10.3(a):
is only effective in relation to the particular obligation or breach in respect of which it is given and is not to be construed as a waiver of that obligation or breach on any other occasion; and
does not preclude that party from enforcing or exercising any other right, remedy or power under this agreement nor is it to be construed as a waiver of any other obligation or breach.
A variation of any term of this agreement will be of no force or effect unless it is in writing and signed by each of the parties.
If a provision in this agreement is wholly or partly void, illegal or unenforceable in any relevant jurisdiction that provision or part must, to that extent, be treated as deleted from this agreement for the purposes of that jurisdiction. This does not affect the validity or enforceability of the remainder of the provision or any other provision of this agreement.
Exercise of rights
Unless expressly required by the terms of this agreement, a party is not required to act reasonably in giving or withholding any consent or approval or exercising any other right, power, authority, discretion or remedy, under or in connection with this agreement.
A party may (without any requirement to act reasonably) impose conditions on the grant by it of any consent or approval, or any waiver of any right, power, authority, discretion or remedy, under or in connection with this agreement. Any conditions must be complied with by the party relying on the consent, approval or waiver.
This agreement states all of the express terms of the agreement between the parties in respect of its subject matter. It supersedes all prior discussions, negotiations, understandings and agreements in respect of its subject matter.