Terms & Conditions

1) Every Operator (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.

2) 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 valid tax 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 from app 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 partyís 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.

3) The rate for your advertisement will be as agreed by us and specified in the agreement. 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. 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.

4) 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.

5) Cancellation of any advertisement or campaign must be received in writing 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 are at the sole discretion of Culture Kite. 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.

6) 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. 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. 

7) Access to discount offers. The Operator hereby grants Culture Kite and its Affiliates the right to offer discounts as per the terms above for booking by CULTURE KITE Customers upon the terms and subject to the conditions set forth herein. It is understood and agreed by the Parties that nothing in this Agreement constitutes a sale of inventory from the Operator to CULTURE KITE and that CULTURE KITE bears no risk of loss with respect to any inventory made available hereunder.

8) Non-Compliance. The Operator acknowledges and agrees (a) that the benefits contained in this Agreement are in exchange for, and contingent upon, the Operators compliance with its obligations under this Agreement, (b) that CULTURE KITE may withhold
all or a portion of such benefits upon notice to the Operator in the event of any such noncompliance, and (c) that CULTURE KITE shall have no obligation to display any Operator that is not in compliance with the terms and conditions hereof on any CULTURE KITE Site. 

9) Rate Integrity. Participating Operator agrees that discounts offered to the customers through coupons on the app hereunder shall be, at all times during the Term, less than or equal to the lowest rates provided to any CULTURE KITE Competitor.

10) Keeping Information Current. The Operator acknowledges responsibility for the maintenance of all advertising information relating to their product(s) on CULTURE KITE websites and app, and warrants the accuracy of material submitted as part of this contract. This warranty includes text and/ or images – both shall be fair, up to date and accurate description of the product or service.

11) Cancellation. The Operator agrees that its cancellation policy will allow cancellations free of charge up to 24 hours before the day of check-in. Additionally, the cancellation and no-show policies shall not be more restrictive than those the Operator imposes upon customers that book directly with the Operator or through any CULTURE KITE Competitor.

12) Equal Treatment. The Operator agrees that if a double booking occurs they must notify the customer and CULTURE KITE without delay, and that priority be given to CULTURE KITE customers where their booking was registered first, determined from the time the booking confirmation was sent to the Operator by email or text message alert. The Operator shall not
"re-schedule" customers that have booked through a CULTURE KITE Site with any greater frequency than customers booked directly with the Operator or through other reservation channels. In the event the Operator needs to "re-schedule" a customer, the Operator agrees to notify CULTURE KITE , and warrants that the customer will be offered the same product or better, and that no extra cost be passed on to either the customer or CULTURE KITE for such re-scheduling. In addition, the Operator agrees that if customers of any CULTURE KITE Competitor are eligible for loyalty points for bookings made via such CULTURE KITE Competitor, then CULTURE KITE Site customers shall also be so eligible. If the Operator cancels or there is a double booking and the customer canʼt be re-scheduled the Operator must notify CULTURE KITE without delay so that a full refund may be issued.

13) Indemnity. The Operator indemnifies CULTURE KITE against all forms of action proceedings (whether threatened or issued) demands, costs, charges, and expenses which CULTURE KITE may howsoever incur or be subject to or suffer by reason of the Operators use of CULTURE KITE website & app including (without limiting the foregoing) (a) any action or threatened action for breach of copyright, defamation, breach of confidence, passing off, malicious falsehood, or any tort of any form whatsoever. (b) any action or threatened action for inaccuracies in the published material which are the result of the Operators actions. (c)
offending against any statute, statutory or other regulation or by-law.

14) Distribution rights. The Operator agrees that CULTURE KITE is to have non-exclusive, worldwide and royalty-free distribution rights to all material submitted as part of this contract.

I THE OPERATOR agree to make the following discount inventory available on Culture Kite App & websites during the term of this contract: