Advertising terms

DRAFT for legal review. This page is a working draft prepared for the owner's lawyer. It is not legal advice and must be reviewed before the service charges anyone.

1. What you're buying

Every results reel we post on Instagram and Facebook shows our race recreation with a sign on the grandstand roof, and a banner under the race. When you book a date, your sign text goes on that board and the banner reads “Today's SIGN:” followed by your business name, with your message and your website or @handle if you give them.

  • A day covers every reel we post on that Melbourne date, normally three (about 8:30am, 12:30pm and 7pm Melbourne time), each on Instagram and Facebook.
  • A week covers seven dates in a row, normally 21 reels.
  • One advertiser per date. Nobody else's ad runs on a date you have bought.

2. Booking, price and payment

You pay the price shown when you book, in full, by card through our payment processor, Stripe. We are not registered for GST, so no GST is charged. Bookings close at the time shown on the booking page on the evening before your first date, and can be made as far ahead as that page allows. While you pay, your dates are held for you for about 35 minutes. You must be 18 or over, and booking for a lawful business or message that you are entitled to promote.

3. What your ad may say

You are responsible for your ad. It must be lawful, accurate and not misleading, and you must have the right to use every name and trade mark in it. We cannot run:

  • gambling of any kind: bookmakers, betting or wagering, casinos, pokies, lotteries, betting products, prices for bets, or tipping and racing-advice services;
  • political or electoral content of any kind, including parties, candidates, elections, referendums and anything that would need an authorisation statement;
  • inducements: bonuses, free bets, refunds on losses, prizes, competitions or giveaways;
  • promises of profit, earnings or guaranteed results;
  • swearing, slurs, or hateful, discriminatory, abusive or sexual content;
  • tobacco, vaping, illegal drugs, weapons, or anything illegal or unsafe;
  • anything aimed at people under 18, or that names, imitates or speaks for TipJarr.

Web addresses and email addresses go only in the website box. Text must fit the sign and the banner as the booking page describes. We check every ad's words automatically before you pay, but passing those checks does not mean we have approved it.

Logos and images. If you upload a logo or image for the sign, you confirm that you own it or are licensed to use it this way, and that it doesn't infringe anyone else's rights. The rules above apply to images exactly as to words: no betting or bookmaker brands, nothing political, offensive or sexual, nothing aimed at people under 18. No automatic check can read a picture, so we look at every image ourselves before its first reel; that is why bookings close the evening before. We may decline an ad because of its image, with a full refund (section 4). We keep your image only to make your reels, and delete it within 30 days of your last date, or as soon as a booking is cancelled or refunded.

4. Our right to decline or remove an ad

We may decline any booking, for any reason consistent with these terms, at any time before its first reel is made. If we do, we refund you in full. We may also remove an ad later if it breaches these terms or the law, or if Instagram, Facebook or a regulator requires it; if we do, we refund the share of your booking for the reels that will no longer carry it.

5. If a reel doesn't run

If a reel on your date doesn't go out on Instagram or Facebook for any reason (no race result to show, a technical fault, a problem at Instagram or Facebook, or our posting being paused), we refund that reel's share of your booking automatically, usually the same night: a third of a day booking, or a twenty-first of a week booking, for each reel that didn't run. A reel counts as run once it is posted on either platform.

6. Cancelling, refunds and your consumer rights

Our services come with guarantees that cannot be excluded under the Australian Consumer Law, including that they will be supplied with due care and skill. If we fail to meet a guarantee, you are entitled to a remedy, which may include a refund. If you need to cancel, email us before bookings close for your first date and we will refund you in full. After that we hold the date for you and cannot sell it to anyone else, so other refunds are as set out in sections 4 and 5, or as the law requires. Refunds go back to the card you paid with, usually within 5 to 10 business days.

7. Chargebacks

If you dispute your payment with your bank, we take your ad off every date still to run while the dispute is open.

8. Reach, timing and the platforms

We don't promise any number of views, likes or followers, and these are our own posts, not paid promotions. Posting times can vary, and Instagram and Facebook decide how widely posts are shown. After your last date we email you links to your reels, with the views Instagram has reported where it has.

9. Your content, and how long it stays up

You allow us to show your sign text, business name, message and website or @handle in our reels and posts, and in our records of them. Reels stay on our accounts after your dates, with your ad on them, unless the law or these terms require us to remove them.

10. Who you're dealing with

Advertising is sold by Mitchell Cross trading as Tip Jar Group (ABN 13 220 178 522). We use your email address only to send your receipt, notices about your booking, any refund and your report: see our privacy policy. Questions: [email protected]. These terms are governed by the laws of Victoria, Australia.