Fairfax Digital Conditions of Use
This agreement together with any additional terms, conditions, notices and disclaimers contained elsewhere on Fairfax Digital form the conditions of supply of material on, use of and access to Fairfax Digital. Your continued use of Fairfax Digital constitutes an affirmative, acknowledgment and agreement by you that you accept and agree to abide and be bound by these conditions and any modifications.
Should you object to any of these conditions or any subsequent modifications your only recourse is to immediately discontinue your use of Fairfax Digital.
Fairfax Digital
The websites that form the network of Fairfax Digital sites are operated by
Fairfax Digital Australia & New Zealand Pty Limited ABN 34 087 887 456 (each of the company and the network of
sites is referred to as 'Fairfax Digital') and its related bodies corporate. For a list of all sites that form part
of Fairfax Digital or to find out more about these sites, visit www.fairfaxdigital.com.au.
These Fairfax Digital Conditions of Use govern your use of all sites that form part of the network of Fairfax Digital sites. In addition, there are specific conditions, which apply to your use of the following sites:
- afr.com, brw.com.au, personalinvestor.com.au, sharesmag.com & assetmag.com
- investsmart.com.au, tradingroom.com.au & moneymanager.com.au
- Cracker.com.au
- Premium Membership - Crossword & Puzzle subscribers, and News Store
- rugbyheaven.com & realfooty.com.au
- theage.com.au & smh.com.au
- Essential Baby Forums
- User Submissions
The additional conditions for these sites are set out separately below.
Further, there are specific conditions that apply to the Google Maps service that is available through sites forming part of Fairfax Digital. A link to these conditions is included below.
From time to time, Fairfax Digital may run competitions, prize draws and promotions on Fairfax Digital. These will be subject to additional terms and conditions, which will be made known to you at the time.
All terms and conditions that govern your use of Fairfax Digital (including disclaimers) may only be amended in writing signed by an authorised officer of Fairfax Digital and Fairfax Digital may amend them from time to time.
Accuracy of information and disclaimer of warranties
All material on Fairfax Digital is provided
in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your
use of Fairfax Digital is at your sole risk. Access to Fairfax Digital is provided on an 'as available' basis.
Neither Fairfax Digital its related bodies corporate nor its or their directors or employees make any representation
or warranty that (i) any material on Fairfax Digital will be reliable, accurate or complete (nor do they accept any
responsibility arising in any way for errors in, or omissions from that material); or (ii) your access to Fairfax
Digital will be uninterrupted, timely or secure. Fairfax Digital will not be liable for loss resulting from any
action or decision by you in reliance on the information on Fairfax Digital, nor any interruption, delay in
operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment
or software.
Online Security
At Fairfax Digital we take your online security very
seriously. As such, we have prepared the following guidelines and information to help you enjoy trouble free
browsing when visiting our websites or interacting with our email messages.
- Fairfax Digital will never ask you to provide personal information like your bank details, credit card details, your address, driving licence or passport numbers via email.
- If you're making an online purchase from a Fairfax Digital site and are required to provide us with your bank or credit card details, this will be carried out within a secure browser window. Check that a locked padlock symbol appears at the foot of the browser in which you are entering your details. The URL should also change, to start with 'https://...' instead of 'http://...'
- Be sure to double check the website address at the top of your browser.
- Be wary of opportunities that seem 'too good to be true' when interacting with our sites.
- Our sites do not endorse individual sellers or vendors.
- Report any suspicious activity to us immediately.
- Keep your computer up to date with anti-virus, firewall software and the latest patches.
- Disregard and delete spam, chain and junk emails.
If you're concerned about online security in general, please visit one of the following useful websites for more detailed information on how you can protect yourself.
ACCC What to look out for and how to protect yourself.
Australian High Tech Crime Centre The Australian Federal Police "e-Crime" policing strategy and how you can report a crime.
FIDO ASIC's online information centre highlighting popular scams and how to avoid them.
General information only - non advisory
The material on Fairfax Digital provides general
information only. It is not intended as advice and must not be relied upon as such. You should make your own
inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
Copyright
The material provided on Fairfax Digital is copyright protected.
You may use this material for your own personal reference only. Except for the temporary copy held in the computer's
cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied,
reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or
part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of
Fairfax Digital or the appropriate supplier or licensor of Fairfax Digital.
You may not use any part of the material on an Fairfax Digital site to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.
Certain content contained on Fairfax Digital is provided by Reuters and is protected under copyright law. © Reuters 2003. Reuters content is the intellectual property of Reuters or its third party content providers. Any copying, republication or redistribution of Reuters content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of Reuters. Reuters shall not be liable for any errors or delays in content, or for any actions taken in reliance thereon. Reuters and Reuters Sphere Logo are trademarks and registered trademarks of the Reuters Group of companies around the world. For additional information on other Reuters Services please visit the Reuters public web site - http://www.reuters.com.
Trademarks
The Fairfax Digital logo, the logos of the Fairfax Digital
sites and the newspaper mastheads on the Fairfax Digital sites are registered trademarks of Fairfax Digital or its
related bodies corporate. Other trademarks may be displayed on Fairfax Digital from time to time. These may belong
to third parties. Nothing displayed on Fairfax Digital should be construed as granting any licence or right of use
of any logo, masthead or trademark displayed on a website, without the express written permission of the relevant
owner.
The "ASX" logo is a registered trademark of Australian Stock Exchange Limited. "All Ordinaries" is a registered trademark of ASX Operations Pty Limited.
Your conduct
As a condition of your use of Fairfax Digital or any services
on Fairfax Digital, you warrant to Fairfax Digital that you will not use Fairfax Digital for any purpose that is
unlawful or prohibited by these terms & conditions or any other terms, conditions or notices appearing anywhere
on Fairfax Digital. You agree to abide by all applicable laws and regulations.
- use Fairfax Digital to defame, abuse, harass, stalk, threaten or otherwise offend others;
- publish, distribute, e-mail, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
- use any automated scripting tools or software;
- engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming via Fairfax Digital;
- impersonate any person or entity;
- upload, post, e-mail, transmit or otherwise make available using Fairfax Digital any material that you do not have a right to make available under any law or contractual obligation or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
- breach any applicable laws or regulations.
Fairfax Digital has no obligation to monitor any user's use of Fairfax Digital, however Fairfax Digital retains the
right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law,
regulation, legal process or governmental request.
You will indemnify Fairfax Digital if Fairfax Digital or its related bodies corporate suffer any loss or damage
or incur any costs in connection with any breach of these conditions or any other legal obligation by you or your
use of or conduct on Fairfax Digital.
GST
Unless stated to be otherwise, charges referred to for use of any services
provided by Fairfax Digital via Fairfax Digital are GST inclusive. Where GST applies, upon payment for online credit
by a Fairfax Digital member, Fairfax Digital will deduct the GST it incurs from each payment and Fairfax Digital
will issue the member with a Tax Invoice. The balance of the payment will be credited to a member's account. GST
means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 (the
"Act"). Tax invoice means tax invoice as defined by the Act.
Third party links and advertising
Hyperlinks and pointers to websites
operated by third parties will appear on Fairfax Digital from time to time. These websites do not form part of
Fairfax Digital and are not under the control of Fairfax Digital or its related bodies corporate and neither Fairfax
Digital nor its related bodies corporate have any responsibility for the contents of any such hyperlink or linked
website. If you link to any such websites you leave Fairfax Digital and do so entirely at your own risk.
Fairfax Digital displays third party advertisements, which may or may not contain hyperlinks or referral buttons to
websites operated by third parties. The display of such advertising does not in any way imply a recommendation or
endorsement by Fairfax Digital or its related bodies corporate of the relevant advertiser, its products or services
or any such linked website.
If you contact a third party using functionality provided on Fairfax Digital, including via e-mail, Fairfax
Digital accepts no responsibility for any actions taken by that third party in response to your communication or for
any transactions entered into between you and the relevant third party.
Limitation of liability
Fairfax Digital and its related bodies corporate
do not exclude any rights and remedies available to you under the Trade Practices Act (Cth) or any similar State or
Territory legislation that cannot be excluded, restricted or modified. Otherwise Fairfax Digital and its related
bodies corporate exclude all conditions and warranties that may be implied by law.
To the extent permitted by law, Fairfax Digital's liability for breach of any implied warranty or condition which
cannot be excluded is restricted, at Fairfax Digital's option, to:
in the case of services supplied or offered by Fairfax Digital:
- the re-supply of those services; or
- the payment of the cost of having those services re-supplied; and
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of having the goods replaced; or
- the payment of the cost of having the goods repaired.
You expressly agree and understand that in no circumstances will Fairfax Digital or its related bodies corporate be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of whatever nature howsoever arising (including but not limited to any act or omission by Fairfax Digital or its related bodies corporate) which result from (i) the use of or access to or any inability to use or access Fairfax Digital or any material on Fairfax Digital; (ii) unauthorised access to or alterations of your transmissions or data; or (iii) statements or conduct of any third party on Fairfax Digital. Excluding liability for negligence the maximum liability of Fairfax Digital and its related bodies corporate is equivalent to the total of any amounts you have paid to Fairfax Digital and its related bodies corporate in respect of goods or services supplied to you by Fairfax Digital or its related bodies corporate through Fairfax Digital.
Applicable law
These conditions and all other specific and additional terms which govern your
use or membership of and access to Fairfax Digital will be governed by and construed in accordance with the laws of
the state of New South Wales, Australia.
ASX Information
All stockmarket information appearing on Fairfax Digital is supplied by the
Australian Stock Exchange ("ASX Information"). Unless otherwise indicated, stock quotes are delayed at least 20
minutes. Stock quotes indicated as "real-time" are made available without delay following their receipt from the
ASX. Your actual receipt of real-time quotes may be affected by delays in transmission over the Internet or other
causes beyond the control of Fairfax Digital.
Fairfax Digital believes that ASX Information is accurate and timely (subject to the delays detailed above), but Fairfax Digital and its suppliers do not warrant or guarantee such accuracy or timeliness. You should always consult a stockbroker or other authorised financial advisor to establish actual stock prices before making any stock trades or other financial decisions. Fairfax Digital and its suppliers do not authorise the use of ASX Information for any purpose other than your personal use, and prohibit, to the maximum extent allowable, the resale, redistribution, and use of this information.
Conditions of use specific to afr.com, brw.com.au, personalinvestor.com.au, sharesmag.com and assetmag.com
Fairfax Business Media content is no longer available on the Fairfax Digital Network or via News Store. They have relocated to afr.com. This includes: The Australian Financial Review, AFR Magazine, BOSS, BRW, AFR Smart Investor, CFO, MISAustralia and Asset magazine. Your Fairfax Digital membership does not provide access to these websites, separate membership is required. Please refer to afr.com. You will still need to be a Fairfax Digital Member to subscribe to Fairfax Business Media email newsletters.
Conditions of use specific to Tradingroom.com.au and Moneymanager.com.au
For the full terms and conditions for InvestSMART please click here.
Personal Finance Products and Services
The financial services that are offered on these sites, (which may include the services of an insurance broker,
mortgage lender, personal banking or other business or financial services) (the "Services") are only an
invitation for you to exchange and not an offer capable of forming a binding contract with Fairfax Digital, any
of its related bodies corporate or the relevant bank or financial institution. In addition, the state or country
in which you reside or do business may have particular laws which render the information provided inapplicable
to your specific situation. Fairfax Digital does not warrant the accuracy of the information provided to you and
you should always seek independent expert advice before making any banking or financial decisions.
Managed Funds
The performance of investment and other financial products described on these sites is not guaranteed by Fairfax
Digital, any of its related bodies corporate or any other person or organisation. Any investment in a product
described on these sites is not a deposit with or any type of liability of Fairfax Digital or its related bodies
corporate and is subject to investment risk, including loss of income and principal invested. Copies of
prospectuses for funds available through these sites have been lodged with the Australian Securities and
Investments Commission. Prospectuses are available by making a request in the 'Managed Investments' section of
the sites. The dates of the prospectuses are stated in the Fund Profile of each fund. Applications for
investment in any of the funds may only be made on an application form attached to a paper copy of the
prospectus or accompanied by an electronic version of the prospectus.
Fairfax Digital and its related bodies corporate have not authorised, caused or are responsible for the issue of any prospectus available through the sites. The past performance of funds available through the site is not a guarantee or reliable guide to future performance. Where specified, financial news and financial and market statistics on the sites are provided by Morningstar, who is a specialist provider of financial information. The material provided by Morningstar is provided under additional terms and conditions that are accessible by visiting http://www.morningstar.com.au/templateslocal/disclaimer.asp.
Conditions of use specific to Cracker.com.au
1. Intellectual property
Cracker is a trademark of Fairfax Media Limited and may not be used without the written consent of Fairfax. The content on cracker.com.au (the "Site"), including the text, images, photos, logos and messages in bulletin boards and forums, (the 'Content'), is owned by Fairfax or its licensors. Except for fair use under the Copyright Act, C'th, you may not use or reproduce or allow anyone to use or reproduce this Content without the written consent of Fairfax or the relevant licensor. The software that operates the Site is proprietary software and you must not copy, reverse engineer or modify it.
2. Posting content
Fairfax does not control the content of advertisements, bulletin boards, discussion groups or forums. It reserves
the right to delete or edit Content at its discretion and to terminate access to or use of the Service. As well
as these rules, you must comply with the rules posted for any particular discussion group or forum. You may not:
post material in a forum or bulletin board or discussion group that contains advertising or
'spam';
publish any Content containing financial advice or recommendations regarding securities;
publish anything defamatory, indecent, threatening, misleading or otherwise containing illegal
content; or
publish anything containing a virus or code designed to interrupt the Site.
By posting any Content to the Site, you licence Fairfax to reproduce, modify or distribute that Content in any form and you waive any moral rights that you may have in that Content.
3. Termination
Fairfax may on notice to you and at its discretion terminate your access to all or part of the Site without the need to provide reasons.
4. Disclaimer of liability
Fairfax is not liable to you for any loss or damage incurred by you arising out of your use of the Site or Service, whether direct, consequential, special, indirect or other loss or damage. Fairfax's liability to you is limited to the re-supply of the Service to you or to the cost of this re-supply at its option.
5. No warranty
Fairfax provides the Service 'as is' and without any express or implied warranties. Fairfax makes no warranty about the accuracy or completeness of the Content on the Site or any third-party site linked from the Site. Users should satisfy themselves through their own enquiries as to the condition or suitability of any item or service offered. Fairfax excludes all liability to users for loss arising from Content posted on the Site. All warranties of any kind are excluded to the extent permitted by law. Due to factors outside its control, Fairfax does not guarantee uninterrupted, error-free or secure access to the Site.
Conditions of use specific to Premium Membership -
* Crossword & Puzzle Subscribers from The Sydney Morning Herald
* Crossword & Puzzle Subscribers from The Age
* News Store customers
The News Store website (the "Site") facilitates access to a text-only archive of articles from the newspapers and magazines published by Fairfax Media Limited and third parties. In order to access these articles, you must register on the Site and become a Fairfax Digital member. The download of archival articles will incur a small cost. There is a minimum pre-purchase of at least $22. Your pre-purchased download credit is valid for 12 months only. There are no refunds and you will not receive a refund if you terminate your registration or account while it contains a credit balance.
Once you have registered on the Site, an article search is free of charge and unrestricted across the full archive database. A fee is charged, however, to gain access to the full text of each archived article. These fees are set out on the Site. Fairfax Digital may alter the fees charged for articles, or add new fees, at any time. Any such change will be notified to you on the Site.
Access to articles is strictly for personal, non-commercial use. Articles must not be resold, copied, emailed to other people or displayed in a public place (including in public areas in a place of business) or republished in any way without the prior written permission of Fairfax Digital. In addition, the articles must not be assigned, transferred or licensed in any way to any third party without the prior written consent of Fairfax Digital.
In addition to the single electronic copy that you download, you may print on paper one copy of each article purchased from the Site.
News Store does not currently contain photographs, graphics, advertisements, cartoons, tables and the like. News Store contains articles from Fairfax Media Limited publications and some third party publications.
For other information:
- For photographs, see our photo sales site Fairfaxphotos at http://www.fairfaxphotos.com.au
- For complete digital editions (updated every day, plus archive) of The Sydney Morning Herald or The Age, see http://www.quarterlies.com.au.
All articles displayed on the Site are protected by copyright. You are only given limited rights to use the article(s) you purchase, as set out above, and you agree that you will only use the article(s) for these permitted purposes (except where such use constitutes fair dealing under the Copyright Act). Except for the limited rights to use the article(s) as set out in these conditions of use, you obtain no other rights in the articles(s) you purchase.
All payments made to Fairfax Digital for articles are non-refundable and will not be re-paid if you terminate your registration or account while it contains a credit balance. Fairfax Digital reserves the right to immediately terminate your access to the Site in its absolute discretion for any reason, in particular where you breach these conditions of use or any other relevant conditions, disclaimers or notices appearing on the Site.
Fairfax Digital does not refund monies for Premium Crossword & Puzzle purchases. To avoid any disappointment please first see the sample crosswords available to ensure that you can play this on your computer and that you are happy with the type of crosswords you are purchasing. If you experience difficulties purchasing, please contact us.
Conditions of use specific to rugbyheaven.com & realfooty.com.au
You must register in order to access most of the content on rugbyheaven.com and realfooty.com.au. Registration is free.
To become a registered user, you will need to provide some personal details as well as a valid username and password. Once you have provided the required information, you will become a registered user, and will have unrestricted access to Rugby Heaven and Realfooty. Becoming a registered user also makes you a member of Fairfax Digital. You will receive an email confirming your details upon registering successfully.
If you already are a member of Fairfax Digital, simply log in to your chosen website by using your existing username and password. After logging in, you will be required to provide us with some additional information before becoming a registered user or Realfooty or Rugby Heaven. Fairfax Digital Members who do not update their membership details where required will not have full access Rugby Heaven or Realfooty.
You will only have to register once. A cookie will then recognise you each time you return to the website, allowing you to bypass the registration process. It is therefore important to NOT delete the cookies from your computer after registering.
As a registered user, you are responsible for protecting the confidentiality of your username and password. You should not share your username or password with anyone else.
Upon registering your details on Rugby Heaven or Realfooty, you agree to be bound by the terms and conditions below, the Fairfax Digital Member Agreement, the Fairfax Digital Privacy Policy, and any other terms, conditions, notices and disclaimers displayed elsewhere on Fairfax Digital.
Any use of these sites with the assistance of any automated scripting tool or software is strictly prohibited.
Conditions of use specific to theage.com.au and smh.com.au
We are trialing voluntary registration on theage.com.au & smh.com.au. Registration is free, and if you have already registered for Rugby Heaven or Real Footy you are not required to re-register for access to theage.com.au or smh.com.au.
To become a registered user, you will need to provide some personal details as well as a valid username and password. Once you have provided the required information, you will become a registered user, and will have unrestricted access to theage.com.au, smh.com.au, Rugby Heaven and Realfooty. Becoming a registered user also makes you a member of Fairfax Digital. You will receive an email confirming your details upon registering successfully.
If you already are a member of Fairfax Digital, simply log in to your chosen website by using your existing username and password. After logging in, you will be required to provide us with some additional information before becoming a registered user of theage.com.au or smh.com.au.
You will only have to register once. A cookie will then recognise you each time you return to the website, allowing you to bypass the registration process. It is therefore important to NOT delete the cookies from your computer after registering.
As a registered user, you are responsible for protecting the confidentiality of your username and password. You should not share your username or password with anyone else.
Any use of these sites with the assistance of any automated scripting tool or software is strictly prohibited.
Fairfax Digital will treat your personal information in accordance with our Privacy Policy. If you have questions about privacy, please mail to the Privacy Officer at GPO Box 506 Sydney 2001.
Conditions of use specific to essentialbaby.com.au
Conditions of use specific to User Submissions
These terms apply to any text, illustrations, photos, audio, video or other material ("Material") submitted by You to Fairfax Digital Australia & New Zealand Pty Limited ("Fairfax") for posting on the Fairfax Digital Network or on any third party's website or for publishing in any publication.
Fairfax reserves the right to amend these terms at any time by posting the changes online.
You can submit Material by: SMS/MMS, Email and Phone.
You agree that by submitting any Material to Fairfax:
- You grant Fairfax a worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form or on any medium and for any purpose, including posting the Material on any Fairfax or third party website or publication, using the Material in any promotions and marketing, and sub-licensing the Material;
- You warrant that you own all rights, including intellectual property rights, in the Material;
- You have the authority to grant this licence to Fairfax;
- You warrant that the Material does not breach any laws, including defamation laws;
- So far as you are able, you unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material. Further, you unconditionally consent to any act or omission by Fairfax in relation to the Material which may otherwise be an infringement of your moral rights;
- You warrant that the events depicted in the Material submitted are real and not fabricated; and
- The Material does not contain anything that is obscene, pornographic or in breach of any law or regulation.
You agree to indemnify Fairfax and its related bodies corporate for any loss or damage arising as a result of your breach of these terms.
Conditions of use specific to Google maps
The Google Maps service is provided to Fairfax Digital and made available to you under licence from Google Inc. By using the Google Maps service and any data or information accessed from Google Maps, you agree to be bound by the Google Maps terms and conditons available at the following url: http://www.google.com/intl/en_us/help/terms_maps.html