TERMS AND CONDITIONS

Last updated: 8th October 2021

Welcome to our iPad and iPhone application (the Application). These are our Terms & Conditions for use of the Application.

Use of this Application

1. News Digital Media Pty Ltd (ABN 82 000 529 457) (News) is the owner and operator of the Application.
2. Each user of this Application (User or You) agrees to be bound by these Terms & Conditions. Your use of and access to this Application indicates your acceptance of and agreement with these terms, as they exist at the time of use.
3. News may amend these terms and conditions at any time on reasonable notice. If we do so, we will endeavour to provide notice that changes have been made before, when or soon after you log into the Application. If you use the Application (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 and conditions.
4. You agree that the Application requires 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 Application

5. News may alter, suspend or discontinue the Application and/or its functionality and/or the content made available through the Application 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 particularly clauses 6 & 10, News will not be liable to any User or to any third party should it exercise such rights.
6. This clause will apply only in relation to paid Applications or paid content available through an Application. If News exercises its rights under clause 5 in such a way that materially changes the availability of the Application or the content which you access through the Application or such that the breadth or nature of the service you receive is materially altered, News will endeavor to provide reasonable notice of the change. In these circumstances you may terminate your subscription to the Application and:
• where you have been making regular periodic payments for the download and/or use of the Application, obtain a refund from News of monies paid in advance of the unexpired portion of the prepaid subscription period; or
• where you have made a single upfront payment for the download and/or use of the Application at least one calendar year prior to the change which triggered your claim for a refund, obtain a refund from News of monies paid in advance of the unexpired portion of one year since you made the payment of the lump sum. No such payment will be payable by News where your single lump sum payment was made more than one calendar year prior to the change which triggered your claim for a refund.

Intellectual Property

7. All intellectual property in relation to this Application and its content belongs to News or its licensors, advertisers or affiliates. You obtain no interest in that intellectual property. All content which you access through this Application 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.
8. You may download and view content or print a copy of material which you access through this Application for personal, non-commercial use provided you do not modify the content in any way (including any copyright notice). All rights not expressly granted under these terms of use are reserved by News. Unless expressly stated otherwise, you are not permitted to copy, or republish anything you access through this Application without the copyright or trademark owner's permission.
9. The insert brand logo is a registered trademark of News or its related bodies corporate. Other trademarks may be displayed through this Application from time to time. These may belong to third parties. Nothing displayed through this Application should be construed as granting any licence or right of use of any logo, trademark or masthead displayed through this Application, without the express written permission of the relevant owner.

No advice

10. Content included in the Application 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.

Liability & Indemnity

11. 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 the Application 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:
• News does not warrant the accuracy of the content which you access through this Application. 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 this Application may be changed at News' sole discretion and without notice.
• 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 this Application.
• News does not warrant that functions of this Application or which you access through this Application, 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 the Application or any content which ought to be accessible through the Application, or that News or the server that makes it available, are free of viruses or bugs.
12. 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

13. Through the use of the Application, you may access content which includes third party content which is subject to that third party's terms and conditions of use. Nothing relating to the Application or these terms should be construed as granting any licence or right for you to use that content.
14. The Application and the content you access through the Application may include links to third party sites or applications which are not related to News and in relation to which News has no control or interest. The appearance of those links 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 on the content you access through this Application.

Contributing Content

15. 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.
16. News reserves the right not to use the content you submit.
17. 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 and its publication by News does not infringe any law.
18. 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.
19. You waive any moral rights in your contribution for the purposes of its submission to and use by News in accordance with these terms.

General

20. Users may not use this site for any purpose or in any way which is unlawful.
21. These Terms & Conditions shall be governed by and interpreted in accordance with the laws of New South Wales.