Australian Giftguide is Australia’s digital subscription service for gifts and homewares retailers and their suppliers.
Australian Giftguide is published by Intermedia Pty Ltd (ABN 94 002 583 682) (“Intermedia”) of 41 Bridge Rd Glebe NSW Australia 2037.
Australian Giftguide provides independent journalistic insights and industry news and opinion. Intermedia is an information service provider – not a law firm providing legal advice or a consultancy providing business advice. Intermedia will use reasonable commercial care to provide accurate and informed information, but does not make any representation concerning, nor warrant the adequacy of completeness of the information it provides. If you need legal or business advice, please contact someone with the relevant expertise and accreditation.
Personal information and security
AUSTRALIAN GIFTGUIDE – SUBSCRIPTION AND WEBSITE TERMS AND CONDITIONS
CURRENT AS AT 05 August 2014
Please read the following terms and conditions (“Terms”) carefully before using any of the online content or services – including any subscription to Australian Giftguide– (“Australian Giftguide”) available through this website (“the Site”).
By using the Site and/or Australian Giftguide, or by placing a subscription for Australian Giftguide, you agree to be bound by the Terms (as amended from time to time).
1.1 All right, title and interest, including copyright, in the Site and Australian Giftguide (and in all components and elements of the Site and Australian Giftguide) are owned by Intermedia or reproduced by Intermedia under licence.
1.2 The content on the Site and in Australian Giftguide is provided for general information only and is offered on an “as is” basis. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice (such as legal, accounting or business advice) before taking, or refraining from, any action on the basis of the content of the Site or Australian Giftguide.
1.3 You are responsible for:
(a) making all arrangements (such as for software, hardware and internet connectivity) that may be necessary to gain access to the Site (when available) and/orAustralian Giftguide;
(b) making all arrangement to protect your software, hardware and internet connectivity from any bug or virus by using your own virus protection software; and
(c) ensuring that all persons who access the Site or Australian Giftguide through your internet connection are both aware
1.4 disable any user identification code or password (whether chosen by you or allocated by us) if in our reasonable opinion you fail to comply with any of the Terms.
1.5 We may change the Site and/or Australian Giftguide (including by removing or adding content, links and other URLs) and make the Site and/or Smart Licenseinaccessible, or modify, discontinue or upgrade the Site and/or Australian Giftguide at our discretion, without notice and without liability to you or anyone else.
1.6 Where the Site and/or Australian Giftguide contains links to other sites and resources provided by third parties, these are provided for your information only, and you acknowledge that we have no control over the content of those sites or resources.
2.1 Access to Australian Giftguide is by way of annual subscription (“Subscription”, which term includes any renewed subscription period).
2.2 A Subscription commences on the day you make your first subscription payment and, unless terminated earlier under these Terms, continues until you inform us that you will not be renewing your Subscription on the next Subscription anniversary date.
2.3 Intermedia will contact you at least 30 days prior to each Subscription renewal date to confirm whether you wish to renew the Subscription.
2.4 For payments made by credit card:
(a) you authorise us to charge the credit card you have provided for any payments (including renewals) as they become due (for example, annually if you have chosen to pay annually, or weekly if you have agreed to pay under our weekly payment plan); and
(b) any merchant fees charged by the card issuer will be passed on to you and added to the total amount debited to your card.
3.1 Except as provided below, you may view, download and/or print material from the Site and from Australian Giftguide only for your own use in your business. In particular, you may not provide any material from the Site or from Australian Giftguide to any third party (such as a client, supplier or subsidiary).
3.2 You may print out articles from Australian Giftguide on an article-by-article basis, and give such print-outs to people who are not covered by your Subscription provided you ensure both that the person to whom you give the print-out is aware that copyright in the material is owned by or licensed to Intermedia and that the material is from the Site and/or Australian Giftguide (as relevant).
4.1 You warrant that:
(a) you have the power and authority to enter into these Terms;
(b) you will observe your obligations under these Terms;
(c) if you are subscribing to Australian Giftguide on behalf of a company or other corporate entity, you are authorised to bind that entity; and
(d) subject to any obligations in relation to privacy, any account or personal information you provide is accurate.
4.2 Except as expressly permitted by law, or as expressly authorised by us in writing, you agree not to:
(a) reproduce or communicate to the public any of the materials on the Site or in Australian Giftguide other than in accordance with these Terms;
(b) modify any materials you print, copy or download from the Site or Australian Giftguide;
(c) reverse engineer, access the source code of, or otherwise deal with the Site or Australian Giftguide without our express written permission;
(d) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or Australian Giftguide (including by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful);
(e) attempt to gain unauthorised access to the Site or Australian Giftguide, the server or servers on which these are stored or any server, computer or database connected to these;
(f) attack the Site or Australian Giftguide via a denial-of-service attack or distributed denial-of-service attack;
(g) remove any copyright notice or metadata from the Site or Australian Giftguide;
(h) systematically download or print out material from the Site or Australian Giftguide in aggregate quantities to store for uses other than permitted under these Terms;
(i) take any action which imposes an unreasonable or disproportionately large load on the Site or our infrastructure; or
(j) disclose to or share with any person or entity any password or log-in details with which we may provide you, or use your password or log-in details for any unauthorised purpose.
4.3 You agree to:
(a) comply with all relevant laws relating to the use of the Site and Australian Giftguide;
(b) promptly notify us at firstname.lastname@example.org if you know or suspect that any person not authorised by us knows any user identification code or password we have allocated to you or that you have chosen to use in relation to the Site and/or Australian Giftguide; and
(c) indemnify us and our directors, officers, employees, contractors and agents against all claims, loss, cost, damage or expense (including any legal or debt collections costs) arising from or relating to any breach by you or anyone covered by the Subscription of any provision of these Terms.
4.4 By continuing to use the Site and/or Australian Giftguide, you agree to us installing cookies. If you do not agree to us installing cookies, you should amend your browser preferences accordingly, and also expect that not all features of the Site and Australian Giftguide will work optimally for you.
5.1 There are risks inherent in internet connectivity and computer systems generally that can result in the loss of data. We are not responsible for any such loss.
5.2 Except as expressly stated in these Terms, to the maximum extent permitted by law, we do not make any representations, warranties, promises, conditions or covenants (express or implied, and regardless of whether we knew or had reason to know of your particular needs).
5.3 To the maximum extent permitted by law, we (including our agents, directors, employees or contractors) will not be liable for any indirect, incidental, special, exemplary, or consequential damages whatsoever, whether arising in contract or tort (including negligence) or otherwise arising from our provision of the Site and/orAustralian Giftguide.
5.4 With the exception of the matters in clause 5.5 and without limiting the effect of the other provisions of this Agreement, our liability shall not exceed the total amount paid by you by way of Subscription.
5.5 If any of the exclusions or limitations set out in this clause are declared illegal or void or if you claim that there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by this agreement, to the extent permitted by law, our entire liability and your exclusive remedy is limited, at our discretion, to:
(a) with respect to the supply of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired;
(b) with respect to the supply of services:
(i) the re-supply of the service; or
(ii) the payment of the cost of having the services re-supplied.
6.1 You may terminate your Subscription at any time by advising us in writing. Such termination will take effect on the next Subscription anniversary.
6.2 We may terminate your Subscription or restrict your access to Australian Giftguide if you fail by the due date to pay any relevant invoice as and when it falls due.
6.3 If you use the Site and/or Australian Giftguide in breach of the Terms, your right to access and use the Site and Australian Giftguide immediately terminates.
6.4 Termination of your Subscription for any reason will be without prejudice to the accrued rights of either party and without prejudice to any Terms (including clauses relating to warranties, indemnities, dispute resolution, and your obligations to continue to pay any remaining fees that would otherwise be payable in respect of the Subscription) which, by their nature are intended to survive. For clarity, you are not entitled to any full or partial refund on any termination of your Subscription.
6.5 On termination of your Subscription, we may immediately disable any and all access to Australian Giftguide.
7.1 Before taking any court action (other than an application for urgent interlocutory relief) against us in relation to any dispute relating to or arising out of these Terms, you will:
(a) give us notice of the dispute and its nature;
(b) give us the opportunity to remedy any breach within 30 days; and
(c) hold good faith negotiations with us to settle the matter.
8.1 All fees payable under these Terms, unless otherwise stated, include GST at the current rate and may be increased as a result of any changes in the rate of GST. GST has the meaning used in A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any applicable rulings issued by the Commissioner of Taxation.
8.2 Subscriptions are not transferable. You may not assign, sub-licence or novate or attempt to assign, sub-licence or novate your Subscription, or any right or obligation under your Subscription, without our prior written consent.
8.3 We may assign your Subscription and the benefit of these Terms.
8.4 If we are prevented from or delayed in complying with any obligation under these Terms by anything that is beyond our reasonable control, that obligation will be suspended during the time we are affected.
8.5 If part or all of any clause of the Terms are invalid, illegal or unenforceable then such clause will be severed from the Terms which will not affect the continued operation of the remaining provisions and the parties agree (where necessary) to negotiate in good faith to replace the invalid, illegal or unenforceable clause.
8.6 Any failure by us to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
8.7 This Agreement is governed by the laws in force in New South Wales, Australia, and the parties submit to the exclusive jurisdiction of the courts of New South Wales, Australia in relation to any proceedings connected with the Terms, the Site and Australian Giftguide.
8.8 These Terms constitute the entire agreement of the parties in respect of the matters dealt with in this Agreement and supersede all prior agreements, understandings and negotiations in respect of the matters dealt with in these Terms.
8.9 We may update these Terms from time to time. Amendments to the Terms will be effective from the date the revised Terms are made available on this page. You are responsible for checking for each amended set of terms. To make this easier, each version will be dated with the date on which it commences.