These are our terms for use of this website (Site) or application (App). These Terms & Conditions (terms) apply whenever you access the Site or the App, regardless of how you do so.
References in these terms to Media are references to both the Site and the App, unless expressly stated otherwise.
Use of Media
1. The Publisher, as set out at the end of these terms (News), is the owner and operator of the listed Media.
2. Each user of any of the Media (User or you) agrees to be bound by these terms. Your use of and access to any of the Media indicates your acceptance of and agreement with these terms, as they exist at the time of use.
3. News will include at the top of these terms the date on which these terms were last updated.
4. News may amend these terms at any time by posting changed terms on the relevant Media. If you use any of the Media (other than to review the amended terms) after a notice of change has been provided, you will be deemed to have accepted the new terms for that Media.
5. If any changes are material, we will endeavour to provide notice that changes have been made before, when or soon after you access the Media.
6. You agree that the Site and App require compatible devices and internet access, may require certain software, may require periodic updates; and may be affected by the performance of these factors. You agree that meeting these requirements, which may change from time to time, is your responsibility.
Content and functionality of the Media
7. News may alter, suspend or discontinue any of the Media and/or its functionality and/or the content made available through any of the Media at any time, with or without notice to Users, and, to the full extent permitted by law and subject to the remainder of these terms and any subscription terms which may be applicable if you are paying or have paid News for access to the Media, News will not be liable to any User or to any third party should it exercise such rights.
8. In some circumstances the Site or App allows Users to access and download certain content onto your device(s). Some such content may not be available at all times in the future for subsequent download and News will have no liability to you in such circumstances subject to the remainder of these terms.
9. News may require you to be a registered user or subscriber to access certain content through any of the Media or to download any App. Where this occurs, the terms and conditions of your registration or subscription (as relevant) will govern that relationship between you and the relevant News related company and will prevail to the extent of any inconsistency with these terms.
10. If you pay News (or one of its related companies) for access to content made available through the Media or to download an App, the subscription terms will prevail to the extent of any inconsistency between those terms and these.
11. Content included in any Media is prepared as general information only. It is not advice and should not be substituted for personal advice which takes into account your individual health, financial or other circumstances.
12. All intellectual property in relation to content on any of the Media belongs to News or its licensors, advertisers or affiliates. You obtain no interest in that intellectual property. All content made available on any of the Media is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.
14. The logos of the Media are trademarks of News or its related bodies corporate. Other trademarks may be displayed on the Media from time to time. These may belong to third parties. Nothing displayed on the Media should be construed as granting any licence or right of use of any logo, trademark or masthead displayed on the Media, without the express written permission of the relevant owner.
Liability & Indemnity
15. News does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act 2010 (ACL) or equivalent State or Territory legislation which cannot be excluded, restricted or modified. News otherwise excludes all rights, remedies, guarantees, conditions and warranties in respect of goods or services from your use of any of the Media whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent permitted by law, including the ACL, the following provisions apply:
a. News does not warrant the accuracy of the content which you access through any of the Media. The content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content which you access through any of the Media may be changed at News’ sole discretion and without notice.
b. News will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to any of the Media.
c. News does not warrant that functions of the Media or which you access through any of the Media, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected, that there will be no technical problems which prevent or unreasonably delay delivery of any of the Media or any content which ought to be accessible through any of the Media, or that News or the server that makes it available, are free of viruses or bugs.
16. Where permitted under local law, including the ACL, liability of News, for any breach of a term or condition implied by law is limited at News’ discretion, to the supply of any service again or the payment for the cost of having any service supplied again. However, News cannot limit its liability in this manner if you establish that it would not be fair or reasonable for News to do so.
Third Party Content & Links
17. Any Media may include third party content which is subject to that third party’s terms and conditions of use. Nothing should be construed as granting any licence or right for you to use that content.
18. Any Media may include links to third party sites which are not related to News and in relation to which News has no control or interest. The appearance of those links on any Media does not indicate any relationship between News and that third party or any endorsement by News of that third party, its site or the products or services which it is advertising.
19. When you submit content to News in any format, including any text, photographs, graphics, video or audio, you grant News a non-exclusive, royalty-free, perpetual licence to publish, transmit or otherwise use that content in our published materials, now and in the future and to attribute you, using the details you have provided to us, as the author/provider of that content.
20. News reserves the right not to use the content you submit.
21. You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law.
22. You indemnify News against any and all legal fees, damages and other expenses that may be incurred by News as a result of a breach of the above warranty.
23. You waive any moral rights in your contribution for the purposes of its submission to and use by News in accordance with these terms.
24. Users may not use any Media for any purpose or in any way which is unlawful.
25. These Terms & Conditions shall be governed by and interpreted in accordance with the laws of New South Wales.
26. Responsibility for all election comment is taken by the Editor, at the address listed below.