Website Terms of Use

Last updated: September 23, 2020

Please read these terms and conditions carefully before using this Service. You should also be aware of and also read the Privacy Policy and Cookie Policy. If you are a registered user of the Website you should also read the Commentary Guidelines before submitting any comments on the Website Content.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

1. Acknowledgment

1.1 These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

1.2 Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

1.3 By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

1.4 Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

1.5 Your use of the Service as a registered User is conditioned also on Your acceptance and compliance with the Commentary Guidelines.

1.6 United States Legal Compliance

You represent and warrant that:

  1. You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and
  2. You are not listed on any United States government list of prohibited or restricted parties.

2. Copyright and Intellectual Property

2.1 The Website, the Content and all related products of the Company are subject to copyright. The material on the Website is protected by copyright under laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Content itself are owned or controlled for these purposes, and are reserved by the Company.

2.2 All trademarks, service marks and trade names are owned, registered and/or licensed by the Company, who grants You a worldwide, non-exclusive, royalty-free, revocable license whilst You are a member to:

  1. use the Website pursuant to the Terms;
  2. copy and store the Website and the Content contained in the Website in Your Device's cache memory; and
  3. print pages from the Website for Your own personal and non-commercial use.
The Company does not grant You any other rights whatsoever in relation to the Website or the Content. All other rights are expressly reserved by the Company.

2.3 The Company retains all rights, title and interest in and to the Website and all related Content. Nothing You do on or in relation to the Website will transfer any:

  1. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
  2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design or
  3. a thing, system or process that is subject to a patent, registered design or copyright (or an adaption or modification of such a thing, system or process),
to You.

2.4 You may not, without the prior written permission of the Company and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or Third Party Content for any purpose, unless otherwise provided by these Terms. The prohibition does not extend to Content on the Website which is freely available for re-use or is in the public domain.

3. General Disclaimer

3.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

3.2 Subject to this clause 3, and to the extent permitted by law:

  1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
  2. the Company will not be liable for any special, indirect or consequential loss or damage (unless such a loss or damage is reasonably forseeable resulting from Our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Content or these Terms (including as a result of not being able to use the Content or the late supply of the Content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

3.3 Use of the Website and the Content is at Your Own risk. Everything on the Website and the Content is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affilates, associates, directors, officers, employees, agents, contributors and/or licensors (as applicable) of the Company make any express or implied representation or warranty about the Content or any product or Content (including the Content of the Company) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of the following:

  1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects or errors or omissions, delay in operation or transmission, computer virus or other harmful component, or theft, destruction, alteration or unauthorised access to records;
  2. the accuracy, suitability or currency of any information on the Website, the Content, or any of its Content related products (including any Third Party Content on the Website);
  3. costs incurred as a result of You using the Website or the Content; and
  4. the Content or operation in respect to Links which are provided for Your convenience.

4. Limitation of Liability

4.1 The Company's total liability arising out of or in connection with the Content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Content to You.

4.2 You expressly understand and agree that the Company, its affiliates, employees, agents, contributors and/or licensors (as applicable) shall not be liable to You for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by You, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

4.3 You acknowledge and agree that the Company holds no liability for any direct, incidential, special consequential or exemplary damages which may be incurred by You as a result of providing Your Content to the Website.

5. Termination

5.1 If you want to terminate the Terms, you should immediately:

  1. delete Your user account by Logging In, clicking Your username in the upper right of the main navigation bar ( Manage Your Account ), navigating to the Personal Data menu item and selecting Delete Account; and/or
  2. cease using the Website.

5.2 The Company may at any time, terminate the Terms with You if:

  1. You have breached any provision of the Terms or intend to breach any provision;
  2. the Company is required to do so by law;
  3. the Company is transitioning to no longer providing the Services to members in the country in which you are resident or from which you use the Service; or
  4. the provision of the Services to You by the Company, is in the opinion of the Company, no longer commercially viable.

5.3 Subject to local applicable laws, the Company reserves the right to discontinue or cancel Your access at any time and may suspend or deny, in its sole discretion, Your access to all or any portion of the Website or the Services without notice if You breach any provision of the Terms or any applicable law or if Your conduct impacts the Company's name or reputation or violates the rights of those of another party.

5.4 When the Terms come to an end, all of the legal rights, obligations and liabilities that You and the Company have benefitted from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

6. Indemnity

6.1 You agree to indemnify the Company, its affiliates, employees, agents, contributors, third party Content providers and/or licensors (as applicable) from and against:

  1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
  2. any direct or indirect consequences of You accessing, using or transacting on the Website or attempts to do so; and/or
  3. any breach of the Terms.

7. Dispute Resolution

7.1 Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been compiled with (except where urgent interlocutory relief is sought).

7.2 Notice:

A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

7.3 Resolution:

On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:

  1. Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditously by negotiation or such other means upon which they may mutually agree;
  2. If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Conflict Resolution Service or his or her nominee;
  3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
  4. The mediation will be held in Perth, Western Australia, Australia.

7.4 Confidential:

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

7.5 Termination of Mediation:

If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

8. Venue and Jurisdiction

The Service offered by the Company is intended to be viewed primarily by residents of Australia. In the event of any dispute arising out of or in relation to the Website, You agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.

9. Governing Law

9.1 These Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

9.2 Your use of the Website or Services may also be subject to other local, state, national or international laws.

10. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

11. Severence

If any part of these Terms is found to be void or unenforceable by Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

12. Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please cease using the Website and the Service immediately.

Contact Us

If you have any questions about these Terms and Conditions, please contact Us by visiting this Contact Page on the Website.