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    DiscoverStanthorpe.com.au Advertising Terms and Conditions

    Last Updated: 13 June 2025

    These Terms and Conditions (“Agreement”) govern the relationship between the advertiser or end user (“You”, “Your”) and Discover Stanthorpe, operated by Holiday Brands / Marque Company Pty Ltd (“We”, “Us”, “Our”), for the provision of advertising services on the DiscoverStanthorpe.com.au website, affiliated AI itinerary planners, and associated physical billboard advertising within the Stanthorpe and Granite Belt region.

    End User Disclaimer & Information Accuracy

    Discover Stanthorpe provides a platform for local businesses to showcase their products and services. While we strive to ensure that all listings and content are accurate and up to date, we make no guarantees or warranties as to the completeness, correctness, reliability, or availability of any information provided on the website or within our AI itinerary planner.

    Information such as business descriptions, pricing, availability, trading hours, special offers, and imagery is often supplied directly by the advertisers or derived from public data sources. As such:

    We do not verify the accuracy of every listing;

    We are not responsible for errors, outdated content, or omissions;

    Users are encouraged to contact businesses directly for confirmation before making any travel plans or purchases.

    Discover Stanthorpe and Holiday Brands disclaim all liability for any loss, damage, inconvenience, or expense incurred by users relying on information from the site or itinerary planner.

    Listings do not constitute an endorsement, and inclusion on the platform does not imply any form of partnership, recommendation, or certification.

    1. Advertising Services

    By purchasing an advertising package, you agree to be listed on:

    • DiscoverStanthorpe.com.au business directory
    • Our AI Itinerary Planner
    • At least Six (6) physical tourism billboards located in key regional positions, where applicable and dependent on state government licenses and private owner land approvals
    • [Dependent on package selected]

    The scope of your advertisement (inclusions, size, prominence, and creative execution) will be as outlined in the selected advertising package or confirmed in writing.

    2. Term, Renewal & Contract

    Advertising services are provided for a fixed term of 12 months, commencing from the date of invoice payment.

    Your advertising agreement will automatically renew annually unless cancelled in writing at least 30 days prior to the renewal date. Renewal notices will be sent to the email on file.

    Binding Agreement & Contract Formation

    By:

    • Signing an advertising agreement;
    • Clicking acceptance online;
    • Approving a written proposal; or
    • Making any payment toward an advertising package;

    you acknowledge and agree that you are entering into a legally binding contract with Discover Stanthorpe, operated by Holiday Brands / Marque Company Pty Ltd.

    If you are entering this Agreement on behalf of a company, partnership, trust, or other entity, you warrant that you are authorised to bind that entity and that both you personally and the entity may be held jointly and severally liable for all amounts payable under this Agreement.

    No advertising services will be provided without acceptance of these Terms.

    3. Fees and Payment

    All fees are non-refundable, including in cases of early termination by the advertiser.

    Payment is due upon receipt of invoice. Advertising will not commence until full payment is received.

    Fees are inclusive of GST and payable in AUD.

    3.1 Full Financial Responsibility

    You acknowledge and agree that:

    • You are solely and fully responsible for all advertising fees associated with your selected package;
    • All agreed advertising fees constitute a legally enforceable debt due and payable to Discover Stanthorpe;
    • Your obligation to pay applies whether payment is made upfront or via an approved payment plan.

    This obligation applies regardless of campaign performance, lead generation, bookings, business results, or perceived return on investment.

    3.2 Payment Terms

    Unless otherwise agreed in writing:

    • Payment is due immediately upon invoice or listing;
    • Advertising will not commence until payment is received in full;
    • All fees are non-refundable;
    • All fees are exclusive of GST and payable in AUD.

    3.3 Payment Plans (If Approved)

    Where a payment plan is approved in writing:

    • The full contract value remains payable;
    • Instalments are a payment convenience only and do not reduce the total amount owed;
    • Failure to make any instalment by the due date constitutes a material breach of this Agreement
    • Upon default, the full remaining balance becomes immediately due and payable.

    Discover Stanthorpe reserves the right to suspend advertising until arrears are cleared.

    3.4 No Cancellation of Payment Obligation

    Cancellation of advertising does not cancel the financial obligation.

    If you cancel your campaign before the end of the agreed term:

    • All outstanding amounts for the full contracted term remain immediately due and payable;
    • No refunds, credits, or pro-rata adjustments will be provided.

    3.5 Recovery of Outstanding Amounts

    If any amount remains unpaid after the due date, we reserve the right to:

    • Charge interest at 8% per annum above the RBA cash rate, calculated weekly;
    • Recover all debt collection costs, legal fees (on a solicitor-client basis), and enforcement expenses;
    • Engage a debt collection agency or initiate legal proceedings without further notice;
    • Report unpaid debts to commercial credit reporting agencies where permitted by law.

    You agree that all recovery costs are payable by you.

    3.6 Third-Party & Production Costs

    Where your advertising package includes:

    • Billboard production or installation;
    • Creative design;
    • Printing;
    • Hosting;
    • AI technology usage;
    • Third-party placements;
    • Government permit fees;

    you acknowledge that these costs form part of your advertising package and are your responsibility whether incurred directly by us or through third-party suppliers.

    4. Cancellation and Termination

    You may cancel your advertising in writing at any time. However, no refunds will be provided.

    We reserve the right to suspend or terminate any advertisement that is unlawful, misleading, offensive, or otherwise breaches our policies or Australian Advertising Standards.

    5. Liability and Disclaimers

    To the extent permitted by law, our liability is limited strictly to the amount paid for your advertising package.

    We do not guarantee outcomes such as traffic, bookings, or leads, and disclaim all responsibility for perceived or actual underperformance.

    You accept that technical disruptions, third-party service interruptions (including AI itinerary planner hosting), or force majeure events may impact delivery of services without entitling you to refunds or compensation.

    6. Billboard-Specific Terms

    Billboard space is offered on a rotational or dedicated basis depending on availability and package selection.

    We are not liable for any downtime, removal, damage, or alteration to billboard advertising resulting from actions by local councils, government authorities, landowners, leaseholders, or third-party billboard managers.

    No refunds, credits, or extensions will be issued due to such interruptions.

    All billboard creatives must be approved in advance and comply with public display and advertising regulations under Queensland and Australian law.

    7. Indemnity

    You agree to indemnify and hold harmless Discover Stanthorpe and Holiday Brands Pty Ltd, its directors, employees, and partners from any loss, damage, liability, or claim arising from:

    Your advertisement content (including copyright violations, misleading claims, or defamation)

    Service interruptions or billboard unavailability

    Any breach of these terms or relevant Australian advertising laws by you

    8. Content and Creative Submission

    You are responsible for providing all advertising materials (copy, logos, images) in the requested format.

    We may offer design or editing services, but the final approval remains your responsibility.

    We reserve the right to reject or request modification of any material deemed non-compliant with our quality standards or regulatory requirements.

    9. Intellectual Property

    You grant us a non-exclusive, royalty-free licence to use your logo, brand name, and related content for advertising purposes on our platforms.

    We retain ownership of any custom creative material we produce unless otherwise agreed in writing.

    10. Governing Law

    These terms are governed by the laws of Queensland and the Commonwealth of Australia. Any disputes shall be resolved in the appropriate court within Queensland jurisdiction.

    11. Amendments

    We reserve the right to update or modify these Terms and Conditions at any time. Any changes will be communicated via email and posted on our website. Continued use of the service following changes constitutes acceptance.

    12. Contact

    For questions or correspondence:

    Discover Stanthorpe / Holiday Brands Pty Ltd
    Email: hello@holidaybrands.com.au
    Phone: [Insert Phone Number]
    ABN: [Insert ABN]

    13. AI Itinerary Planner Disclaimer

    Discover Stanthorpe uses an AI-powered itinerary planner to generate recommendations based on business listings, user preferences, and available data.

    The output of this planner is powered by third-party AI technology, and while every effort is made to ensure quality and relevance, we cannot guarantee the accuracy, completeness, or appropriateness of all recommendations.

    By participating, you acknowledge that:

    AI output may include errors, omissions, or interpretive variations;

    Inclusion in the itinerary tool is based on structured listing data provided by you;

    Discover Stanthorpe is not liable for any perceived inaccuracies, omissions, or missed opportunities within itinerary outputs.

    14. Online Listings Responsibility

    You are solely responsible for the accuracy, completeness, and currency of your business listing on DiscoverStanthorpe.com.au.

    This includes, but is not limited to: contact details, trading hours, descriptions, prices, imagery, and special offers.

    You agree to promptly update your information via the self-service portal or notify us in writing of any required changes.

    We are not liable for any errors or outdated information resulting from your failure to maintain your listing.

    15. Business Compliance Requirement

    By submitting an application or payment for advertising, you warrant that:

    You are a registered Australian business or sole trader with a valid ABN or ACN;

    Your business complies with all local, state, and federal laws, including licensing, consumer protection, health and safety, and advertising regulations;

    You hold all required permits and insurances necessary to operate legally.

    We reserve the right to request proof of compliance and to refuse, suspend, or terminate advertising for any business found to be non-compliant, without refund.

    16. Intellectual Property & Content Warranty

    You warrant that you own, or have the appropriate legal rights and licences to use, all content, images, trademarks, logos, and other assets (“Materials”) that you supply to us for advertising purposes.

    You grant Discover Stanthorpe and Holiday Brands Pty Ltd a non-exclusive, royalty-free, worldwide licence to use, reproduce, modify, and display these Materials for the purpose of fulfilling your advertising package.

    17. Intellectual Property Indemnity

    You agree to indemnify and hold harmless Discover Stanthorpe, Holiday Brands Pty Ltd, and all related parties including directors, employees, contractors, and affiliates from any claims, losses, liabilities, costs, or legal actions (including legal fees on a solicitor-client basis) arising from:

    Any alleged or actual infringement of intellectual property rights, including but not limited to copyright, trademark, moral rights, or licence breaches;

    The use of any Materials you have provided, including those created by a third party on your behalf;

    Any unauthorised or unlawful use of protected works in your advertising content.

    This indemnity applies regardless of whether the claim arises during or after the term of your advertising campaign.

    18.1 Advertiser Warranties – Ownership & Permissions

    You warrant and represent that:

    • You own, or have obtained all necessary rights, licences, consents and permissions to use all trademarks, business names, logos, slogans, images, photographs, videos, designs, written copy, and other materials supplied to Discover Stanthorpe (“Materials”);
    • Your Materials do not infringe the intellectual property rights, trademark rights, moral rights, copyright, or any other rights of any third party;
    • Any third-party trademarks included in your advertising (including supplier brands, product brands, partner logos, or franchisor assets) are used with full authorisation.

    You acknowledge that Discover Stanthorpe does not verify trademark ownership or licensing and relies entirely on your warranties.

    18.2 Trademark & Intellectual Property Indemnity

    You agree to fully indemnify and hold harmless Discover Stanthorpe, Holiday Brands / Marque Company Pty Ltd, its directors, officers, employees, contractors, affiliates, agents, and partners from and against any and all:

    • Claims
    • Demands
    • Legal proceedings
    • Regulatory investigations
    • Damages
    • Losses
    • Penalties
    • Settlement amounts
    • Legal costs (on a full indemnity / solicitor-client basis) arising from or in connection with:
    • Any alleged or actual infringement of trademark, copyright, moral rights, licensing rights, or other intellectual property rights relating to your Materials;
    • Any claim that your advertising content is misleading, deceptive, defamatory, or unlawful;
    • Any unauthorised use of a third-party brand, logo, or protected asset in your advertising.

    This indemnity:

    • Applies whether the claim arises during or after the term of your advertising;
    • Survives termination of this Agreement;
    • Is not limited by any limitation of liability clause in this Agreement.

    18.3 Licence Granted to Discover Stanthorpe

    You grant Discover Stanthorpe and Holiday Brands Pty Ltd a:

    • Non-exclusive
    • Royalty-free
    • Worldwide
    • Transferable and sub-licensable licence to use, reproduce, modify, crop, adapt, publish, distribute, and display your Materials for the purposes of:
      • Delivering your advertising package;
      • Displaying your business listing;
      • Operating the AI itinerary planner;
      • Promoting DiscoverStanthorpe.com.au;
      • Marketing the platform, region, or its advertisers across digital, print, social media, billboard, PR, and promotional campaigns.

    You acknowledge and agree that:

    • We may use your listing images and content in promotional material featuring the platform and its advertisers;
    • Such use does not require additional compensation;
    • We are not required to seek further approval once Materials are supplied and approved.

    This licence continues for the duration of your advertising term and for a reasonable promotional period following expiry.

    18.4 Use of Discover Stanthorpe Brand & Logo

    Discover Stanthorpe™, DiscoverStanthorpe.com.au™, and all associated logos, branding, domain names, and visual assets (“Brand Assets”) remain the exclusive property of Holiday Brands / Marque Company Pty Ltd.

    You are granted a limited, revocable, non-transferable licence to use the Discover Stanthorpe brand strictly for the intended purpose of:

    • Identifying yourself as an advertiser or listed business on the platform;
    • Promoting your listing during your active advertising term.

    You must not:

    • Modify, distort, recolour, or alter the Brand Assets;
    • Use the Brand Assets in a misleading manner;
    • Suggest endorsement, partnership, ownership, or joint venture;
    • Register any business name, domain name, or social media handle incorporating Discover Stanthorpe or confusingly similar wording;
    • Use the brand in paid advertising without prior written approval.

    18.5 Revocation & Removal of Brand Use

    We may revoke permission to use the Discover Stanthorpe brand at any time, at our sole discretion for any reason.

    Upon written request, you must:

    • Immediately cease all use of our Brand Assets;
    • Remove all references from websites, social media, printed material, signage, and digital advertising;
    • Confirm compliance in writing within 7 days.

    Failure to comply constitutes a material breach of this Agreement and may result in legal action.

    18.6 No Transfer of Ownership

    Nothing in this Agreement transfers ownership of:

    • Your trademarks to us; or
    • Our trademarks to you.

    All intellectual property remains the property of its respective owner.

     

    18.7 Registered Trademark Protection

    “Discover Stanthorpe” is a registered trademark of Holiday Brands / Marque Company Pty Ltd under Australian trademark law.

    All associated names, logos, domain names (including DiscoverStanthorpe.com.au), taglines, visual identifiers, and brand assets are protected by trademark, copyright, and other intellectual property laws.

    Except as expressly permitted in writing under this Agreement:

    • You must not use the Discover Stanthorpe name, trademark, logo, domain name, or any confusingly similar mark;
    • You must not reproduce, publish, display, distribute, or incorporate the trademark into any marketing, advertising, domain registration, social media account, metatag, keyword advertising, or promotional material;
    • You must not imply endorsement, affiliation, partnership, certification, or sponsorship beyond your authorised advertiser status;
    • You must not register or attempt to register any trademark, business name, company name, domain name, or social media handle that is identical or substantially similar to Discover Stanthorpe.

    Any unauthorised use constitutes a material breach of this Agreement and may result in:

    • Immediate termination of your advertising;
    • Revocation of brand usage rights;
    • Injunctive relief;
    • Recovery of damages and legal costs on a full indemnity basis.

    All goodwill arising from use of the Discover Stanthorpe trademark inures solely to the benefit of Holiday Brands / Marque Company Pty Ltd.

    This clause survives termination of this Agreement.