Last updated 30 June 2019
9Voyager is an online platform owned and operated by Nine Entertainment Co Holdings Limited (NEC/we/us) which allows registered businesses (Client/you) the opportunity to directly purchase advertising and creative services (Services) from NEC, its Related Bodies Corporate (including but not limited to TCN Channel 9 Pty Limited) and/or nominated third party service providers pursuant to the terms set out below (Terms) and each online booking form submitted by you (Booking).
2. RELATIONSHIP OF PARTIES
2.1 NEC acknowledges and agrees that you contract with NEC in your own right.
2.2 You agree that any representative of your business who submits a Booking via the 9Voyager Platform is:
(a) aged 18 years or over;
(b) has accessed and provided any payment details (including credit card details) legitimately and with full authorisation from you to do so; and
(c) has the required authority from you to enter into a contract on your behalf and to bind you to these Terms.
Please contact us immediately if you suspect that someone has created a 9Voyager account on your behalf and/or entered into a Booking for you in contravention of this provision.
2.3 NEC enters this agreement on its own behalf and as agent for each NEC Related Body Corporate that provides the Services to you.
2.4 Any creative services provided to you by a nominated third party may be subject to additional terms and conditions as imposed by that third party and notified directly to you.
3. 9VOYAGER ACCOUNT
3.1 In order to purchase Services directly through the 9Voyager platform (located at www.9voyager.com.au) (9Voyager Platform), you must provide us with certain information we reasonably require about you which we will use to create your 9Voyager account. This includes (but is not limited to) your business name, ABN, address, phone number, , and contact details including name and email address of your nominated representative.
3.2 You will also be asked to provide a password for your 9Voyager account and it is your responsibility to keep your 9Voyager account log-in details secure at all times. You must notify us immediately if you suspect or become aware of any unauthorised use of your 9Voyager account or log in details.
3.3 Setting up a 9Voyager account is free of charge and you will not be able to purchase Services from 9Voyager without a registered 9Voyager account.
3.4 NEC may refuse to accept your 9Voyager registration request or terminate access to your 9Voyager account at any time at its discretion without notice to you for reasons including (but not limited to) You contravene any applicable laws, NEC policies or you breach these Terms.
4. BOOKINGS AND PAYMENT
4.1 Once you have a registered 9Voyager account, you may purchase advertising services (Services) from NEC on the 9Voyager Platform by completing a Booking for each of your products/services that you wish to advertise (Campaign) on selected NEC media assets, which may include NEC’s television stations (being Channel 9, 9GO, GEM and 9LIFE) and digital video-on-demand service branded 9Now (together, the NEC Channels).
4.2 The Booking completed on the 9Voyager Platform will require you to enter details including (but not limited to):
(a) the name of the product/service which is the subject of your Campaign and your industry;
(b) your Campaign start and end date (with the total period comprising the Campaign Period);
(c) your total budget (in Australian Dollars) to spend with NEC on advertising the Campaign (which excludes GST) (Campaign Spend) (noting that the minimum Campaign Spend on the 9Voyager Platform is AUD $15,000);
(d) your target audience demographic for the Campaign (by selecting a gender and an age range from the options available);
(e) the metropolitan Australian markets you wish to advertise the Campaign in; and
(f) Other information as may reasonably be requested by NEC to assist in facilitating your Booking for Services.
It is your responsibility to enter these details correctly in your Booking on the 9Voyager Platform and NEC accepts no liability for loss that may be suffered by you in its fulfilment of the services in reliance on details that were incorrectly entered in your Booking.
4.3 At the time of making your Booking, NEC will:
(a) provide you with a guaranteed audience number in your nominated demographic across NEC Channels in your nominated markets that 9Voyager will deliver for your Campaign (Audience Guarantee), as detailed further in clause 6 of these Terms; and
(b) provide you with an estimate of the number of advertising spots on linear television NEC Channels (excluding 9Now) that will be allocated to your Campaign during the Campaign Period. This information is an estimate only and may be revised by NEC at any time.
4.4 To complete and secure your Booking on the 9Voyager Platform, you will need to prepay the total Campaign Spend amount detailed in your Booking, in addition to GST (together, your Payment), using one of the payment methods on the 9Voyager Platform as provided by our third party payment gateway provider. You must be fully entitled to use the payment method or account used to secure the Booking. The payment method or account must have sufficient funds or credit facilities to cover the Payment.
4.5 Nine agrees to bear the full costs of any payment processing fees which may be charged by your credit card provider or bank to process your Payment on the 9Voyager Platform, which may vary depending on which means of payment you choose.
4.6 If we are unable to process your Payment for any reason, including, without limitation, credit card expiration or insufficient funds, your Booking will be rejected and no order for Services confirmed.
4.7 Once your Payment has been processed and accepted on the 9Voyager Platform, your Booking will be confirmed and allocated a booking number, and a valid contract for Services entered between you and NEC, subject to these Terms. You will subsequently receive tax invoice for your Payment from TCN Channel 9 Pty Limited which will be accessible via your 9Voyager Account and also emailed to your nominated email address.
4.8 Your Campaign Spend will represent the amount you pay for NEC to deliver to you the Audience Guarantee, and NEC will allocate such Campaign Spend across NEC Channels at its discretion to deliver to you the Audience Guarantee. Your Campaign Spend will not guarantee you a specified number of advertising spots across NEC channels, nor will you be given any visibility over the rates apportioned by NEC for the individual advertising spots allocated to your Campaign.
4.9 No more than seventy-two (72) hours prior to your Campaign start date, NEC will provide you with an indicative broadcast schedule (unless you have positively opted out of receiving this) which shows the metro city, channel, date, programme and programme start time for the advertising spots allocated to your Campaign across the NEC Channels (excluding on 9Now) (Indicative Broadcast Schedule), as determined at NEC’s sole discretion. While NEC will use best efforts to fulfil your Booking by broadcasting your Campaign as set out in the Indicative Broadcast Schedule, you acknowledge that scheduling of programming and advertising air space by NEC and each of the NEC Channels is subject to exigencies such as breaking news stories and pre-emptions, and NEC may reschedule any programs or advertising spots previously allocated for your Campaign at any time on notice to you.
4.10 Prior to your Campaign start date and during the Campaign Period, You will not receive any information from NEC in advance notifying you of the placement, frequency or other scheduling details concerning the allocation of digital inventory for your Campaign on 9Now.
5.1 You have the right to cancel a Booking without penalty if notice is given in writing by You to voyager.nine.com.au at least four (4) weeks prior to the start date of Your Campaign (Cancellation Date). Should this occur, NEC will facilitate a full refund of your Payment (excluding any payment processing fees initially paid by NEC to process your Payment) to the same payment source (i.e. credit card or bank account) that you used to make the initial Payment within four (4) weeks of receiving the cancellation notice.
5.2 If you cancel a Booking after the applicable Cancellation Date, NEC is entitled to retain the Payment from you as if your Campaign was broadcast in accordance with the Booking, subject to the delete and charge regime set out below.
5.3 Should you cancel a Booking after the applicable Cancellation Date, NEC will delete the cancelled Booking and provide you with an airtime credit equal to 80% of the value of the cancelled Booking (with such airtime valued by NEC at the time of re-booking the Campaign by you and deductions made to such airtime credit by NEC for any part of your Campaign which has already been broadcast at the time of cancellation).
5.4 The airtime credit is not transferable, will expire 12 months after the date the relevant Booking was cancelled and will not entitle you to any refund or other payment but may be utilised on unfilled broadcast times, subject to NEC’s discretion to give higher priority to other customer’s actual or anticipated advertising orders.
5.5 In the event that production of a TVC has already commenced for you when you cancel your Booking after the Cancellation Date, the TVC must be completed in accordance with the original brief (unless you wish to forfeit your right to the TVC on written notice to us). Any TVC created for you under this clause 5.5 will be the only TVC you are entitled to receive in respect of your Booking and you forfeit any right to an additional TVC being produced for you free of charge when you redeem your airtime credit pursuant to this clause 5 of these Terms.
5.6 Should you wish to amend an existing Booking prior to the Cancellation Date, please contact us directly at email@example.com. We note that any requested changes to your Booking will be subject to availability. Should you wish to change your Booking after the Cancellation Date, the delete and charge regime set out above in clause 5.3 will apply to any component/s of your Booking that you have requested be changed.
5.7 NEC may, at its sole discretion, cancel any Booking from you at any time and will fully refund you the value of your Payment made for that Booking by way of refunding you via the same payment method you used to initially make the Payment to NEC.
6. CAMPAIGN REPORTING AND AUDIENCE GUARANTEE
6.1 Through your 9Voyager Account, you will have access to a post-campaign report available eight (8) days after the broadcast date of each advertising spot allocated to your Campaign which includes details such as time, date, NEC Channel, television program and consolidated ratings (by reference to your target audience demographic) for each television advertising spot broadcast for your Campaign during the Campaign Period. Digital ratings data illustrating audience delivered for your Campaign on 9Now by market only will be available for you to view daily through your 9Voyager Account.
6.2 Consolidated quarter hour ratings data is the default currency against which any Audience Guarantee is measured.
6.3 The delivered audience for your Campaign (across all NEC Channels in your target audience demographic) for the Campaign Period will be measured by OzTam, a third party accredited ratings provider, and:
(a) in respect of delivered television audience, will be based on the ratings for the quarter hour that your Campaign is delivered in (assessed for your target audience demographic only); and
(b) in respect of 9now delivered audience, will be measured based on OzTam’s VPM measurement.
6.4 As final audience reconciliation is not available until one week after the conclusion of the Campaign Period, you agree that NEC will have a further two (2) week period following the conclusion of your Campaign Period to fulfil your Audience Guarantee, if required (Extended Campaign Period).
6.5 In the event of any shortfall in delivery of the Audience Guarantee by the conclusion of the Extended Campaign Period, NEC agrees to partially refund you (by way of payment into your nominated bank account or credit card by which you made the initial Payment) the value of the shortfall in your Audience Guarantee, to be calculated by NEC by reference to the cost per viewer it originally allocated to your Campaign.
7. CONDITIONS AND DISCLAIMERS OF PROVIDING SERVICES TO YOU
7.1 NEC and its Related Bodies Corporate each reserves the right to:
(a) refuse, at its discretion, to accept for broadcast or to broadcast any Campaign Copy submitted by you; or
(b) charge you additional fees (with prior notice to you) for assessing and approving Campaign Copy for broadcast if you have not obtained assessment and approval from Commercials Advice;
(c) refuse to provide Services to you or cancel a Booking if you are in breach of any term contained in these Terms or any other agreement with NEC or any Related Body Corporate (or for any other reason, subject to NEC refunding your Payment in accordance with clause 4);
(d) at any time, cancel, reschedule or replace any programming or advertising slots or breaks within or between television programming.
7.2 Allocated commercial airtime for your Campaign may not be resold or sub licensed by you.
7.3 Each of NEC and its Related Bodies Corporate makes no warranties in respect of:
(a) the proximity of the broadcast or transmission of your Campaign Copy relative to the broadcast or transmission of copy relating to products or services that compete with you;
(b) the Services (including the 9Voyager Platform) being provided without error or interruption; or
(c) you receiving a minimum number of advertising slots or coverage for your Campaign across any specific NEC Channel, program or timeframe.
8. TVCS AND CAMPAIGN COPY
8.1 When completing your Booking on the 9Voyager Platform, you will be provided with the option to have a commercial produced for your Campaign by a third party nominated by NEC (3P TVC Producer) for broadcast on NEC Channels (TVC) subject to the terms set out below.
8.2 If you proceed to have a 3P TVC Producer create a TVC for you, you acknowledge and agree that:
(a) You consent to your contact details (including email and phone number of your nominated authorised representative) to be provided by NEC to the 3P TVC Producer for the purposes of contacting you to discuss and produce your TVC;
(b) Additional terms set by the 3P TVC Producer will apply to the production of your TVC and are available for you to view here (3P Terms). In the event of any inconsistency between the 3P Terms and these Terms, these Terms will prevail to the extent of such inconsistency.
(c) The 3P TVC Producer may refuse to create a TVC for you if your business falls within a list of prohibited categories determined by NEC or you fail to comply with the 3P Terms.
(d) You are responsible for all your interactions with the 3P TVC Producer including providing any necessary materials and approvals for the TVC in a prompt manner as required by the 3P Producer.
(e) You have all necessary intellectual property rights in any material you provide to the 3P TVC Producer to include in the TVC.
(f) You have provided final approval for the TVC as submitted by the 3P Producer to NEC for broadcast on the NEC Channels for your Campaign and that the TVC delivered to NEC complies with all applicable laws and does not infringe any third party rights;
(g) NEC will own all intellectual property rights subsisting in the final TVC and agrees to licence it to you for broadcast on NEC Channels as part of your Campaign Booking and, only if agreed in writing between NEC and you, on your own owned and operated digital properties. You may not use the TVC on other media properties including as part of any advertising other than on NEC Channels as part of a booked campaign, unless NEC provides agreement in writing.
(h) NEC agrees it will only use your TVC for the purposes of broadcasting your Campaign on the NEC Channels and will not sell, licence or otherwise use the TVC unless otherwise agreed with you.
(i) If you cancel your Booking after the Cancellation Deadline set forth in clause 5.1 and production has already commenced on your TVC as part of that Booking, the 3P TVC Producer will produce and deliver to NEC the TVC as briefed despite the cancellation of your Booking unless the 3P TVC Producer had not commenced work on your TVC at the date of your cancellation (to be determined in consultation between NEC and the 3P TVC Producer). Should you not wish to receive your TVC, you may elect to cancel the TVC in consultation with the 3P TVC Producer however you will forfeit any future right to receive a TVC for your Campaign when you re-book and redeem your airtime credit on NEC Channels following the process set out in clause 5 of these Terms.
(j) You agree that NEC is not responsible for the creation of the TVC and that you have no course of action against NEC in respect of any loss you may suffer from the creation and broadcast of the TVC on NEC Channels or other permitted publications (unless and only to the extent that such loss is directly caused by NEC.)
8.3 If you do not wish to have a TVC produced for your Campaign and instead have your own advertising material to submit to NEC for broadcast on NEC Channels (Campaign Copy), please contact NEC directly at voyager.nine.com.au at the time of making your Booking and NEC will determine, at its sole discretion:
(a) Whether to accept your Campaign Copy (and if so the format within which your Campaign Copy must be delivered to NEC);
(b) Whether any changes are required to be made to your Campaign Copy prior to being accepted by NEC; or
(c) any other relevant matters as NEC so determines.
NEC has full discretion over whether to accept any Campaign Copy proposed by you for your Campaign. If NEC rejects your Campaign Copy, your Booking will not proceed and no Payment will be taken from you for Services.
8.4 You acknowledge that, subject to these Terms, NEC may at its discretion, broadcast your Campaign Copy/TVC online (via the simultaneous transmission of the terrestrial broadcast of an NEC Channel online on 9Now) throughout Australia and, if we do so, the Campaign Copy or TVC may be seen by members of the public who might not be able to acquire the goods and or services mentioned in the Campaign Copy/TVC:
(a) at or near the place where those members of the public are located; or
(b) for the price stated in the Campaign Copy/TVC.
9. 9VOYAGER AND QANTAS BUSINESS REWARDS
9.1 9Voyager has partnered with Qantas to reward You with Qantas business rewards points (Reward Points) for your spend on the 9Voyager Platform, subject to:
(a) the terms set out below in this clause 9; and
(b) the Qantas Business Rewards Program terms and conditions available here.
9.2 In order to be eligible to receive Reward Points, You will:
(a) need to register for (or already hold) a Qantas Business Rewards Program membership account in the name of your business (QBR Account); and
(b) enter your business’ active Australian Business Number (ABN) (which is linked to your QBR Account) at the time of registering for a 9Voyager Account and grant permission for your details to be passed onto Qantas to enable Qantas to verify your existing QBR Account against your ABN.
9.3 If you do not have a QBR Account at the time of registering for your 9Voyager Account, you can, at the time of registration, consent to NEC providing your contact details directly to Qantas for the sole purpose of Qantas contacting you to set up a QBR Account free of charge in the name of your business.
9.4 If you do not have a QBR Account at the time of making any Booking on 9Voyager and choose for your details not to be passed onto Qantas, you may not be eligible to receive any Reward Points for that Booking.
9.5 For every AUD$1 you spend on the 9Voyager Platform as part of a Campaign Spend (excluding GST), you will receive 1 Reward Point. NEC will notify Qantas of the number of Reward Points you have earned from your Campaign Spend no more than four (4) weeks from your Campaign Start Date (Earn Date).
9.6 If you cancel your Booking in accordance with clause 5.1 of these Terms and receive a full refund of your Payment, you will not be eligible to receive any Reward Points in respect of that cancelled Booking.
9.7 Reward Points earned by you through the 9Voyager Platform will be credited to your nominated QBR Account by Qantas within sixty (60) days of the Earn Date.
9.8 If at any time you believe you have not received the full amount of Reward Points that you were otherwise entitled to in accordance with clause 9 of these Terms, please contact us using the contact details set out in clause 16 of these Terms and we will investigate this matter for you. A failure to notify us of any claim with your Reward Points within three (3) months of the Reward Points being earned by you will result in you forfeiting your right to receive these Reward Points.
9.9 NEC reserves the right to suspend, modify or otherwise remove this benefit from the 9Voyager Platform at any time on notice to You via the 9Voyager Platform.
9.10 You acknowledge and agree that NEC will not be responsible for any loss suffered by you from your use or redemption of any Reward Points received through the 9Voyager Platform or your participation in the Qantas Business Rewards Program.
10. INTELLECTUAL PROPERTY
10.1 Subject to these Terms, NEC, our Related Bodies Corporate or our licensors own the intellectual property in our trademarks, all content on the 9Voyager Platform, the TVCs and any other material developed or provided by us under these Terms.
10.2 You and your licensors own the intellectual property in any Campaign Copy, your trademarks and any other material you provide to us under these Terms.
10.3 Except as authorised by these Terms, we each agree not to:
(a) reproduce the other party's intellectual property; or
(b) sub-license, on-supply or further syndicate the other party's intellectual property on any website other than our sites.
10.4 You grant us a limited, non-exclusive and non-transferable licence to reproduce and communicate to the public the Campaign Copy on the NEC Channels in accordance with these Terms and the Booking.
11.1 You warrant that Campaign Copy lodged with NEC or any NEC Channel by you (and any TVC produced for you using material submitted and approved by you):
(a) 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 and internet transmission of advertising material;
(b) complies with any standard or requirement specified by Nine and each Station and notified to Client from time to time;
(c) does not infringe copyright, trademark or other legal rights of any person;
(d) is not false or misleading and is true in substance and in fact;
(e) without limiting (a) and (b) above, does not infringe the Competition and Consumer Act 2010 (Cth) (as amended); and
(f) does not contain anything which may give rise to any cause of action by a third party against Nine or any of its Related Bodies Corporate including any NEC Channel, 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.
11.2 You further warrant that you:
(a) have all applicable licenses and consents necessary to enter and perform your obligations under these Terms;
(b) have and will continue to comply with all applicable laws and regulations in performing your obligations under these Terms; and
(c) will not breach any agreement, arrangement or understanding with a third party as a result of entering or performing any part of these Terms.
11.3 Nine holds the benefit of the warranties in clauses 11.1 and 11.2 as trustee for each of its Related Bodies Corporate including the NEC Channels.
11.4 We warrant to you that:
(a) we have the right to supply the Services to you;
(b) we will use reasonable care and skill in supplying the Services; and
(c) we will comply with all applicable laws and regulations in supplying the Services.
11.5 NEC 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.
12.1 You indemnify NEC and its Related Bodies Corporate including each NEC Channel, and each of their respective officers, employees, agents and affiliates against any action, claim, loss or expense arising from the broadcast and publication online of your Campaign Copy or TVC and all costs, losses and expenses suffered or incurred by NEC or any of it Related Bodies Corporate as a result of any breach by you of any of the warranties set out in clause 11.
12.2 NEC holds the benefit of the indemnity in clause 12.1 as trustee for each of its Related Bodies Corporate.
13.1 Neither you nor NEC (or any of its Related Bodies Corporate including any NEC Channel) will be liable under these Terms and exclude liability under these Terms, or otherwise in law for any indirect, special, economic or consequential loss or damage suffered or incurred by the other party or loss of revenue, profits, goodwill, data or opportunities or loss of anticipated savings whether caused by negligence or otherwise and whether or not the first party or any of its Related Bodies Corporate was aware or should have been aware of the possibility of such damage.
13.2 To the extent permitted by law, all other representations, conditions or warranties, whether based in statute, common law or otherwise, are excluded. Liability of NEC or one or more Related Body Corporate for any breach of a term or condition implied by law is limited, at NEC's option, to the supply of any service again or a full refund of your Payment.
14. CONFIDENTIAL INFORMATION
For the purpose of these Terms, ‘Confidential Information’ means:
(a) the terms and conditions of the Booking; 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 these Terms 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.
14.1 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 clauses 14.2 below.
14.2 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 these Terms 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) which is required or authorised to be disclosed by any law.
14.3 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 advertising, creative services and/or other products or services to you.
15.1 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.
15.2 You may not issue any press release or make other public statement in relation to these Terms or the relationship established between us by these Terms without our prior written permission. We may, however, make informational references to your participation in the 9Voyager Platform and the use of our services in press releases without obtaining your consent.
15.3 These Terms will not create a joint venture, legal partnership, employment or agency relationship between you and us.
15.4 Neither party may transfer or assign these Terms without the other party's prior written consent (not to be unreasonably withheld).
15.5 Neither party will be liable for its failure to perform any of its obligations under these Terms due to any contingency beyond its reasonable control.
16. CONTACT US
For any issues with your use of the 9Voyager Platform, your Booking or other issues relating to these Terms or the Services being provided to you, you can either:
(a) contact us at firstname.lastname@example.org ; or
(b) use the chat bot function available on the 9Voyager Platform to interact with us live during 9am-5pm AEST Monday – Friday.
NEC’S registered business premises are located at 24 Artarmon Road, Willoughby NSW 2068.