9.1 You warrant to Conexus that your advertising:
a) is true and accurate in all respects;
b) does not infringe any rights of any person (such as copyright and trademark rights);
c) does not use the name and image of any person without their consent;
d) is not obscene, indecent or defamatory; and
e) does not contravene any federal, state or territory statute, regulation or other law including the
Trade Practices Act 1974 (CTH).
9.2 You indemnify Conexus 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 advertising or otherwise arising from a breach by you of these terms.
9.3 To the extent permitted by law, all conditions and warranties implied by law or otherwise not expressly set out in these terms and conditions are excluded.

10. LIMITATION OF LIABILITY

10.1 To the extent permitted by law, under these terms or otherwise in connection with your advertising/sponsorship, and the publication of that advertising by Conexus:
a) Conexus excludes liability for all indirect, consequential or special losses or damages including loss or profits howsoever arising; and
b) The total liability of Conexus howsoever arising is limited to the supply of the relevant advertising/sponsorship again or the payment of the cost of having those services supplied again, whichever Conexus determines in its absolute discretion.
10.2 Conexus will not be liable to you or any other person for any loss of whatever kind suffered as a result of an advertising/sponsorship not being available for publication or not being published where such event arises from any cause beyond Conexus’s reasonable control.

11. LIABILITY OF AGENTS

11.1 If you carry on business as an advertising agent you acknowledge that you Contract with Conexus in your own right. You are principally liable under any contract entered into with Conexus.

12. GENERAL

12.1 These terms are governed by the laws in force in New South Wales, Australia.
12.2 You may not assign or otherwise transfer any of your rights or obligations under these terms to any other person without Conexus’s consent. Conexus may assign or otherwise transfer any of its rights or obligations under these terms without your consent.
12.3 If Conexus fails to enforce, or delays in enforcing, any of these terms, this will not operate as a waiver and will not affect Conexus’s right to later require strict compliance with these terms.
12.4 The terms of the Booking Confirmation and this agreement record the entire agreement between you and Conexus relating to the matters dealt with in this agreement and supersede all previous arrangements, understandings or representations, whether written, oral or both, relating to these matters.

13. FOR CONTRA ADVERTISING ONLY