Tapt Media

Advertising Terms and Conditions

Advertising Terms and Conditions

These advertising terms and conditions apply to any agreement between Tapt Media Pty Limited (ACN 063 906 927) or its Related Bodies Corporate (collectively referred to as Tapt or we /our /us) and the customer (Customer) in relation to Advertising and/or Creative Services (together, the Services) that we may supply to you for publication and/or broadcast on one or more of the Tapt Broadcast Assets and/or Tapt Digital Assets (together, the Tapt Properties).

By placing an Order for Services with Tapt, you agree to be bound by the terms and conditions of this Agreement.

2. OVERVIEW OF AGREEMENT

This Agreement comprises:

(a) any special terms we have agreed with you if you are a Preferred Agency;

(b) the terms of the applicable Order;

(c) these Advertising Terms and Conditions; and

(d) any Credit Application Form.

This Agreement constitutes the entire agreement between the parties and replaces any previous discussions, communications or other documents concerning the supply of the Services. If there is inconsistency between terms of the above contractual documents, the hierarchy of documents is as listed above (a) – (d).

3. DEFINITIONS

In this Agreement, the following words have these meanings, unless the context otherwise requires:

Advertising Copy means all advertising, marketing or other material supplied by you (including, without limitation, text, graphics, footage and URLs) for publication on the Tapt Properties in the form and manner we approve;

Advertising Services means the provision of advertising airtime and/or digital inventory for broadcast or publication (as applicable) on the Tapt Properties;

Agreement means these Advertising Terms and Conditions, the terms of any Credit Application Form, any special terms we have agreed with us as a Preferred Agency and the applicable Order which incorporates these Advertising Terms and Conditions by reference.

Approved Agency means any customer who provides advertising agency services to its customers;

Cancellation Fee means the estimated charges and Fees we would have received for provision of Services but for your late cancellation including our charges for producing any Custom Materials and our Fees for publishing any Custom Materials or Advertising Copy based on the applicable Order;

Confidential Information means:

a) the terms and conditions of the Agreement; and

b) all information of a confidential nature disclosed or communicated by the disclosing party to the recipient including any financial and pricing data; business plans; policies; suppliers; inventions; product information and information about a party’s marketing and/or promotional activities but excludes any information which the recipient can establish:

i. is or becomes generally available in the public domain otherwise than through a breach of this Agreement or any obligation of confidence owed to the disclosing party;

ii. is or becomes known to the recipient from a source other than the disclosing party otherwise than through a breach of an obligation of confidentiality owed to the disclosing party;

iii. is or has been independently developed or acquired by the recipient; or
iv. is approved in writing by the disclosing party for disclosure by the recipient;

Creative Services means any design, production and promotional service we provide for interactive media including without limitation creating, producing and marketing Custom Materials, advertising marketing campaigns, e-direct marketing, developing and hosting integrated offerings such as competitions and associated creative services;

Custom Materials means customised content and materials in any form which we have produced for a campaign, Customer or promotion including (but not limited to) any banner, advertisement, copy, mini website, co-branded webpages, podcasts, native content (including videos and articles), cross-platform sponsored content, newsletters or e-marketing materials as set out in the Order (and includes any materials or content which are created under the applicable Order but not ultimately used in the final campaign published or broadcast on the Tapt Properties);

Delete and Charge means that we will not publish or broadcast (as applicable) any advertising requested in an Order but will nevertheless charge you the associated Fees for this advertising;

Fees means our fees and charges for the provision of Services as specified in the Order;

Gaming Services means any products or services which provide the means for customers to play a ‘game of chance’;

GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth);

Holdings means the electronic holdings file containing confirmation of Bookings on the Tapt Broadcast Assets (including without limitation all spot and non-spot charges) received by us on behalf of an Agency via the RadioMatrix, or other Tapt nominated system, and provided to you by our chosen delivery method each weekday evening, in the form of an electronic holdings for download into a compatible media management system used by you.

Indirect Losses includes losses of profits, revenue, opportunity, anticipated savings or data or any indirect, special, incidental or consequential loss or damage;

Launch Date means the date at which we are scheduled to broadcast or publish any Advertising Copy or make available any Custom Materials for publication as specified in the Order;

Tapt Digital Properties means all websites, mobile optimised websites, online applications, podcasts and other digital products owned and/or operated by Tapt including (but not limited to) 3aw.com.au, 2gb.com.au, 4bc.com.au, 6pr.com.au (and all associated applications and products (as amended from time to time by us)).

Tapt Broadcast Assets means all radio stations owned and/or operated by Tapt including 2GB, 3AW, 4BC and 6PR (as may be amended from time to time). 

Order means a signed document (including a document in electronic format) we issue which specifies details of the Services to be provided to you on the Tapt Properties and may also be referred to as:

  • for the Tapt Digital Properties – an insertion order or IO; or
  • for the Tapt Broadcast Assets – a broadcast agreement or booking,

and which contains the agreed schedule for placement of the Advertising Services and/or creation and placement of the Creative Services.

Play and Charge means that we will broadcast advertising requested in an Order on Tapt Broadcast Assets and will charge you the associated Fees for this advertising.

Preferred Agency means an agency with whom we have agreed to offer special trading terms;

Rate Card means our current standard rates and charges for the provision of Services on the Tapt Properties as notified to you from time to time;

Related Body Corporate has the meaning given in the Corporations Act 2001 (Cth);

Services means the Advertising Services or Creative Services or any combination of them we will supply to you as described in an Order;

User means a person who accesses a Tapt Digital Property;

You/Your (you/your) means the person identified as the “Customer” or “Advertiser” in the applicable Order (and includes any advertising agency that is acting on behalf of any advertiser or client on whose behalf Services are being requested pursuant to an Order); and

Value Credit means a credit we may issue to you upon your cancellation of an Order for the supply by us of replacement services of equivalent value to the Order, in accordance with the terms of this Agreement.

4. RELATIONSHIP OF PARTIES

We enter this agreement on our own behalf and as agent for the owner of each of the Tapt Properties and any Related Body Corporate that provides the Services to you.

5. SERVICES AND COMPLETING AN ORDER

  • General
  • We will provide to you, and you agree to use, the Services in accordance with this Agreement.
  • You may request the Services from us by completing the applicable Order. We will not be obliged to supply to you the Services set out in the Order until you have signed the Order.
  • We may require you to submit a completed Credit Application Form prior to our signature of the Order.
  • We may undertake such steps as are commercially reasonable to establish your credit worthiness.  For that purpose, you agree to supply us with any information that we may reasonably request in support of any Order including solvency statements, balance sheet and profit and loss statements and details of any insurance policies you hold.
  • You may not re-sell, sub-licence or sub-contract any Services we provide to you (including any airtime or inventory) to a third party unless our prior written consent is obtained.
  • We do not guarantee the success of any advertising campaign which is the subject of the Services and booked pursuant to this Agreement.  You have no recourse against us or any of our employees, agents or representatives for failure of the Services we provide to achieve the desired result.
  • We may (i) change this Agreement at any time; (ii) cancel, reschedule or replace any radio program, content or advertising break; and (iii) reschedule the Services.
  • Completing an Order
  • You may request digital Services from us by completing an Insertion Order.We will not be obliged to supply to you the particular Services set out in the Insertion Order until you have signed the Insertion Order.

  • Agency – For an Order made by an Agency participating in the RadioMatrix system, we will take email confirmation as authority to book the Order and Holdings is deemed to be the final confirmation from us of the Order. It is your sole responsibility to check Holdings and notify us of any errors within 2 business days of making the Order and subsequently on a weekly basis throughout the period of the advertising campaign. Any errors (included misplaced, duplicated or incorrectly rated Bookings) for spots or non-spot charges that appear in Holdings that are not queried by you with us will not attract a credit and the Customer will be required to make full payment for advertising published, communicated or broadcast in accordance with Holdings. If we adjust an Order prior to broadcast under this clause, we will advise the Customer of the changes to be reflected within Holdings with sufficient time prior to the broadcast of the Advertising Services to allow you to review and agree on those changes.
  • Non Agency – If you are a non-agency Customer who wishes to place an Order directly with us for Services on the Tapt Properties, you will need to sign a Booking Advice and may be subject to a credit check prior to us confirming acceptance of the Order. The Order will specify the type/s of Radio Assets you are purchasing spots on (eg. broadcast radio advertising spots, digital live stream adverting spots, ad spots on digital sites etc.).

You acknowledge and agree that any bonus and/or ‘best time available’ advertisements cannot be guaranteed at a particular time or position in break on the Tapt Broadcast Assets.

6. ADVERTISING COPY

6.1 General

  • You must obtain all consents for the use, reproduction and communication of the Advertising Copy before Tapt supplies the Services to you.
  • You must check for any errors in the Advertising Copy (even where we produced the Advertising Copy) and promptly notify us of any errors prior to publication. We do not accept responsibility for any errors submitted by you or your agent.
  • You will ensure that Advertising Copy is clearly identifiable to Users as advertising material and does not contain any material which could be confused by Users with our editorial content. You acknowledge and accept that we may label any Advertising Copy as an advertisement when we publish it.
  • We will use reasonable efforts to deliver the Services in accordance with the Order. However, we may vary the placement of the Advertising Copy within an app, website or program (as applicable) or change the format of the Advertising Copy. You must pay the full price for the Advertising Copy even if we vary the format or placement of such Advertising Copy.
  • We may refuse to accept for publication or broadcast or to withdraw from publication or broadcast any Advertising Copy at any time (even if we have previously published or broadcast the Advertising Copy).
  • At our discretion we may request, and you must provide, Advertising Copy to us in respect of any Advertising Services already provided to you by Tapt within two (2) business days of receiving such request from Tapt.
  • Advertising Copy on Tapt Digital Properties
  • All online Advertising Copy must comply with Tapt’s technical advertising specifications (available www.taptmedia.com.au), our advertising standards policy which is available on request or such other requirements we may advise you of.
  • For online banner and display advertising, You must submit creative materials and a click-through URL to us at least 3 business days (or 5 business days for non-gif material) before publication date. We may agree to accept any late Advertising Copy but are not obliged to do so.
  • If Advertising Copy is not provided within the timeframes set out in this clause, we do not guarantee full delivery of the Order and will not issue make goods or credits for any missed activity.
  • You will ensure that any URL referenced in any Advertising Copy will link Users to the intended website. We may test whether the URL is functional and may remove any URL which does not meet with our approval.
  • If you use our Services to promote or market any Gaming Services provided by you or any third party you will implement appropriate procedures to ensure that all Users who access such services via the Tapt Digital Properties are not domiciled in a country which prohibits access to Gaming Services.
  • We will measure our digital advertising (including impressions delivered and clicks achieved) through our ad-serving systems unless agreed otherwise with you. We will not accept results from Customer or third-party ad-servers for the purposes of our billing and assessment of the Services delivered.
  • You must not place any third-party advertising tags or other form of pixels/scripts/code within your Advertising Copy to run on the Tapt Digital Properties without our express prior written permission (which may be withheld at our absolute discretion).  We reserve the right to immediately remove or refuse to publish any Advertising Copy that does not comply with this requirement.

6.3 Advertising Copy on Tapt Broadcast Assets

You must submit Advertising Copy via WAV file (unless we otherwise specify) by at least 12pm two (2) Business Days prior to publication/broadcast of the applicable Advertising Copy and in accordance with all other directions as we may provide.

7. CREATIVE SERVICES

7.1 Instructions and Materials

You will supply us with any design instructions, logos, artwork, footage or other materials which we need to carry out Creative Services for you in the manner and format we specify at the time of completion of the Order.

7.2 Approval of Custom Content

  • We will use reasonable endeavours to supply mock-ups or final versions of footage/content (as applicable) of all Custom Materials for your approval reasonably in advance of the Launch Date.
  • You must promptly check mock-ups/footage upon receipt and notify us of your approval or of any errors or amendments you require prior to the Launch Date. We may charge you additional fees for any amendments we estimate will take more than one business day’s work to complete.
  • Subject to clause 7.2(a), if we do not receive your approval of the Custom Materials supplied to you at least two (2) days prior to Launch Date we may treat this as a cancellation of the applicable Order or part thereof and we may charge you a Cancellation Fee.

7.3 Extension of Advertising Services Timeframes

Where we have provided Creative Services to you and committed to delivering specific page views or other audience targets for the associated Advertising Services as detailed in the applicable Order, we may extend the duration of the Advertising Services as published or broadcast on the Tapt Properties for a period of up to three (3) weeks to meet such targets.

8. CANCELLATION OF SERVICES

8.1 By Tapt

We may cancel an Order or part of an Order at any time, without giving you any reason. If we do this, we will (at our discretion) either: (a) refund any Fees you have prepaid us; or (b) reschedule the start date for the Order and you agree that this is our sole liability to you in relation to that Order or part of the Order.

8.2 By Customer

8.2.1 Advertising Services on Tapt Digital Properties

  • You may cancel an Order for any Services without charge provided that you give us at least:
  • thirty (30) days’ written notice prior to the Launch Date for Orders on any Tapt Digital Properties (together, NDP Bookings); and
  • forty-five (45) days’ written notice prior to Launch Date for Orders on the homepage of any Tapt Digital Property (“NH Bookings”);
  • If you cancel an Order for Services within 72 hours of the Launch Date for either NDP Bookings or NH Bookings, we will bill your NDP Booking or NH Booking (as applicable) as booked and you will be charged the full Fees for the Order. We will not issue any Value Credit or other compensation to you.
  • If you cancel:
  • your NDP Booking between 3-30 days prior to the Launch Date; or
  • your NH Booking between 3-45 days prior to the Launch Date,

we will bill your Order as booked and you will be liable to pay the full amount of Fees owed for your NDP Booking or NH Booking (as applicable). We will, however, issue you with a Value Credit equivalent to the total Fees paid by you for your cancelled Order. We will provide details of the Value Credit in an Inventory Cancellation form.

  • All Value Credits issued pursuant to this clause must be used within twelve (12) months of the issue date. You must alert us to the redemption of any Value Credit by you at the time of completing a new Order for Services. 
  • You acknowledge that using any Value Credit is subject to the availability of replacement services and that a Value Credit cannot be used on a subsequent NH Booking, on any video or data service or any other service or property as may be advised by us to you at the time of booking.

8.2.2 Advertising Services on Tapt Broadcast Assets

You may cancel, vary or reschedule an Order with 28 days’ prior written notice, without penalty.  We will Delete and Charge or Play and Charge an Order where:

  • less than 28 days’ notice is given; or
  • you submit Advertising Copy after the deadline required under clause 6.3 above,

and in both circumstances, you will be liable for the associated Fees as stipulated in the Order.

8.2.3 Creative Services

If you cancel any Order for Creative Services, we will charge you for any production costs and charges we have incurred as of the date of the cancellation.

9. INTELLECTUAL PROPERTY

9.1 Ownership of Intellectual Property Rights

Unless otherwise agreed in the Order, We or our licensors own the intellectual property in the Custom Materials, our trade marks and any other material developed or provided by us under this Agreement.

You and your licensors own the intellectual property in any Advertising Copy, your trade marks and any other material you provide to us under this Agreement.


Except as authorised by this Agreement, the parties agree not to:

  • reproduce the other party’s intellectual property; or
  • sub-license, on-supply or further syndicate the other party’s intellectual property on any platform or end-destination other than the Tapt Properties.

9.2 Licence of Intellectual Property

You grant us a limited, non-exclusive and non-transferable licence to reproduce and communicate to the public the Advertising Copy on the Tapt Properties in accordance with the Agreement.

You grant us a limited non-exclusive right to copy, adapt, modify and otherwise use any logos or other materials you supply to use for the purposes of supplying you with the Services, including any Creative Services.

10. PAYMENT

10.1 Rates and Fees

You will pay the Fees for the Services as set out in the applicable Order. Fees quoted are exclusive of all taxes, including, but not limited to GST. Our Fees will be charged at the applicable Rate Card or as otherwise negotiated and agreed with you.

10.2 Changes to Rates

We may change our Rate Cards for the Tapt Properties from time to time without notice.

10.3 Costs and Charges

We may charge you additional costs we incur in the provision of Services including (without limitation):

  • the cost of obtaining any necessary licences or permits for any competitions which form part of Creative Services; and
  • any additional costs we incur in providing any talent, photography, filming, special effects or other special services which you request be supplied for the Creative Services. 

10.4 Invoices

  • Unless specified otherwise in your Order, we will invoice you monthly for fees and costs due under this Agreement (calculated and payable on Services booked under the Order rather than Services delivered).
  • If you are an Approved Agency who has passed our credit application process, You must pay the Fees invoiced within forty-five (45) days of the end of the month in which the Services invoice was issued (unless otherwise agreed).
  • If you are purchasing Services directly from us and not via an agency (and have passed our credit application process), you must pay the Fees invoiced within thirty (30) days of the end of the month in which the Services the subject of the invoice were provided and issued.
  • If you do not have a credit account with us, you must make payment for Services on lodgement of Advertising Copy or otherwise by the due date shown in the invoice.
  • You must make payment by electronic funds transfer to our nominated account unless we pre-approve another payment method with you.

10.5 Late payment

If Tapt’s invoice is not paid when due, we may, without limiting our other rights: (a) charge interest on the unpaid amount at the Reserve Bank cash rate at the time plus 2% until such amount is paid (b) suspend publication or broadcast of any Advertising Copy lodged by you until we receive all outstanding amounts; (c) if the unpaid amount exceeds 90 days, charge an administration fee of 2% per month, from date of invoice, on the unpaid amount (in addition to the interest charged in (a)); (d) cease to provide, or impose conditions on, the provision of credit to you and require pre-payment for any subsequent Order; and (e) not pay or deduct any applicable agency rebate, discount or commission, and the amount of such rebate, discount or commission shall be treated as an unpaid amount and immediately due and payable.

10.6 GST and Taxes

If GST is imposed on the supply of Services made under or in connection with this agreement, we may, in addition to any amount or consideration expressed as payable by you under this agreement for Services, recover from you an additional amount on account of the GST. You agree to pay the additional amount on account of the GST in respect of Services to us, in the same manner and at the same time as required for the payment of Services. We will issue Tax Invoices to you in accordance with the GST Act. Tapt will issue Adjustment Notes in accordance with the GST Act to you, for rebates you are entitled to, and other adjustments.


10.7 Credit Facilities

We may at any time without notice alter, cancel, suspend or impose conditions on credit facilities.

11. APPROVED AGENCIES

11.1 Commission Payments

Where you are an Approved Agency, you will be entitled to receive a commission equal to ten per cent (10%) of the total amount of your monthly invoiced Fees (but expressly excluding any fees paid for Creative Services).

Our payment of any commission is conditional upon the following:

  • you must fully disclose to your clients the amount of commission you receive from us;
  • you must fully comply with this Agreement;
  • no more than fifty per cent (50%) of the Fees we invoice in any month will be attributable to Services supplied to you on behalf of a single client; and
  • your payment in full of invoices within forty-five (45) days of the end of the month in which the invoice was issued.

11.2 Status as an Approved Agency

You must supply us with any information we may reasonably request in support of your application to be registered as an Approved Agency including solvency statements, balance sheet and profit and loss statements and details of any insurance policies you hold. We may revoke your status as an Approved Agency at any time upon written notice without giving any reason.

11.3 Disclosure

You warrant to us that you have disclosed to your clients all benefits you may receive from us as a result of you being an Approved Agency.

12. WARRANTIES

General Customer Warranties

12.1 You warrant that you:

  • have all applicable licenses and consents necessary to enter and perform your obligations under this Agreement;
  • will comply with all applicable laws and regulations in performing your obligations under this Agreement;
  • are fully authorised to act on behalf of any advertiser or customer on whose behalf you are requesting Services; and
  • will not breach any agreement, arrangement or understanding with a third party as a result of entering or performing any part of this Agreement.

Customer warranties for Advertising Copy

12.2 You warrant that any Advertising Copy that you provide to us (or approve for publication on the Tapt Properties):

  • complies with all laws, statutes, regulations, codes of practice and any standards determined by any relevant regulatory agency or industry self-regulatory body applicable to free-to-air commercial broadcast, internet transmission, radio broadcast or print publication of advertising material as applicable in the jurisdiction/s for which the Advertising Copy is published or broadcast. This includes (without limitation) the Competition and Consumer Act 2010 (Cth), the Broadcasting Services Act 1992 (Cth), Therapeutic Goods Act 1989 (Cth), the Betting and Racing Act 1988 (NSW) (and the equivalent legislation in other Australian states and territories) and the Privacy Act 1988 (Cth);
  • complies with any standard or requirement we specify and notify to you;
  • does not infringe any copyright, trade mark, obligation of confidentiality or other personal or proprietary right;
  • is not false or misleading and is true in substance and in fact;
  • does not breach or infringe any law of defamation, obscenity or contempt of any court, tribunal or royal commission;
  • where the Advertising Copy contains the name or photographic or pictorial representation of any living person and/or any copy by which any living person can be identified, You have obtained the authority of that person to make use of his/her name or representation or the copy;
  • is published or broadcast only in circumstances where you have obtained all consents, approvals or permissions required for our publication or broadcast of such Advertising Copy on your behalf, whether required by law or otherwise;
  • does not contain anything which may give rise to any cause of action by a third party against us or any of our Related Bodies Corporate, including without limitation material which is defamatory or obscene or which infringes any right of privacy or personality or which otherwise causes injury or damage to any person; and
  • where the Advertising Copy promotes a competition or trade promotion, you have obtained all relevant permits and indemnify us against any loss in connection with the Advertising Copy.

12.3 We hold the benefit of the warranties in clauses 12.1 and 12.2 as trustee for each of our Related Bodies Corporate.

Tapt Warranties

12.4 We warrant to you that:

  • we have the right to supply the Services to you;
  • we will use reasonable care and skill in supplying the Services; and
  • we will comply with all applicable laws and regulations in supplying the Services.

Excluded Warranties

12.5 Tapt and its Related Bodies Corporate exclude all implied conditions and warranties from this Agreement except any conditions or warranties (such as those implied by the Competition and Consumer Act 2010 (Cth)) which cannot by law be excluded.

13. INDEMNITIES

13.1 You indemnify us and our Related Bodies Corporate, and each of their respective officers, employees, agents and affiliates against any action, claim, loss or expense arising from the publication of your Advertising Copy on the Tapt Properties and all costs, losses and expenses suffered or incurred by us or any of our Related Bodies Corporates as a result of any breach by you of any of the warranties set out in clause 12.

13.2 We hold the benefit of the indemnity in clause 13.1 as trustee for each of our Related Bodies Corporate.

14. LIABILITY

14.1 Neither party is liable for any Indirect Loss incurred by the other party or by any other person arising out of or in connection with this Agreement.

14.2 Our liability to you for any claims made under this Agreement (whether such liability arises in contract, tort (including negligence) or otherwise) is, to the fullest extent permitted by law, limited at our option to resupplying the Services or paying the cost of having the Services resupplied.

14.3 You acknowledge and agree that we are not liable for any aspect of the Advertising Copy including any products or services referred to in the Advertising Copy. You are solely responsible for the content of all Advertising Copy and associated products and services, including any ancillary competitions and promotions.

15. CONFIDENTIAL INFORMATION

15.1 Each party must:

(a) take all action reasonably necessary to maintain the confidentiality of the other party’s Confidential Information; and

(b) not disclose the other party’s Confidential Information to any person except as permitted under clause 15.2.

15.2 A party (“recipient”) may disclose the Confidential Information of the other party:

(a) to a representative of the recipient who needs to know the Confidential Information for the purposes of this Agreement and subject to the recipient taking reasonable steps to ensure that any such representative is fully aware of the confidential nature of the Confidential Information of the disclosing party before the disclosure is made; or

(b) if it is required or authorised to be disclosed by any law.

15.3 We may disclose and make available your Confidential Information to our Related Bodies Corporate and/or nominated third party service providers on the condition that we take reasonable steps to ensure that such entities are made fully aware of the confidential nature of your Confidential Information before the disclosure is made. You consent to our Related Bodies Corporate or nominated third party service providers contacting you in connection with their provision to you of Services and/or other products or services to you.

16. GENERAL

16.1 This Agreement is governed by the laws of New South Wales, Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New South Wales, Australia.

16.2 You may not issue any press release or make other public statement in relation to this Agreement or the relationship established between us by this Agreement without our prior written permission. We may, however, make informational references to you being a customer of our Services in press releases without obtaining your consent.

16.3 This Agreement will not create a joint venture, legal partnership, employment or agency relationship between you and us.

16.4 The terms and conditions of the agreement between us and you are set out exhaustively in this Agreement (including the associated Order) or any variation thereof and comprise the entire agreement of the parties. This Agreement supersedes and excludes any prior representations, negotiations, arrangements, understandings, communications or agreements between you and us relating to the subject matter of the Agreement.

16.5 We may vary these Advertising Terms and Conditions by giving you notice in writing.  Other components of the Agreement can only be varied by agreement in writing by both parties.

16.6 Neither party may transfer or assign this Agreement without the other party’s prior written consent (not to be unreasonably withheld).

16.7 Neither party will be liable for its failure to perform any of its obligations under this Agreement due to any contingency beyond its reasonable control.

16.8 Tapt and its Related Bodies Corporate may collect your and/or your nominated representative’s personal information to provide the Services to you and for payment purposes. The collection, use or disclosure of any personal information provided to us by you in connection with your use of the Services is subject to our Privacy Policy available at www.taptmedia.com.au. You agree to store and use all personal information which we may provide to you in accordance with the requirements of the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth).

Last updated 1 May 2026

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