Digital Platforms Terms and Conditions
1. Terms of Use
a. Your access to and use of the Business News Platforms are governed by these Terms, the Privacy Policy, Your Subscription Terms (if applicable) and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Platforms.
b. You accept these Terms by continued use of the Platforms and if You do not agree to any of these Terms, You should immediately discontinue Your use of the Platforms.
c. These Terms apply to You whether You are a Subscriber or not.
2. Login / Business News Subscription
a. To access Subscription Content You must hold a Subscription.
b. Your Subscription is governed by the Subscription Terms.
c. In the event that You are provided with a username and password to access Subscription Content then:
i. You must keep them confidential and not disclose them to any person or party; and
ii. We may change Your username and password at any time during Your Subscription, and issue You with a new username and password.
d. In the event Your Subscription is provided to You as a corporate client by static IP address, then You must use the Subscription Content only for Your internal corporate use.
e. You are responsible for all acts and omissions in connection with the Platforms using Your username and password or Subscription as if they were undertaken by You.
3. Security
We cannot guarantee that the Platforms or Content will be free from computer viruses or other defect or error which may affect Your software or systems. To protect Your software and systems We suggest You install and implement Your own system protection software.
4. Privacy
a. By using the Platforms, You acknowledge, agree and consent to Our data practices as described in Our Privacy Policy.
b. You consent to Us using cookies and other technologies to improve and personalise Your experience by identifying and displaying content which may be of interest to You, referring You to products and services that may be of benefit or interest to You and displaying targeted advertising based on those interests.
5. Service Interruptions
a. We use all reasonable endeavours to ensure the Platforms are available at all times.
b. We do not make any representation or warranty that Your access to the Platforms will be uninterrupted, secure or error-free.
c. You are solely responsible for any software, application or service required to use the Platforms and view the Content of the Platforms including agreement with the terms and conditions of any licence to use such application, software or service imposed by third parties. You may not be able to use the Platforms where You do not keep the necessary software or application updated.
d. We are not responsible for any defect, availability or failure to perform of any third party application, software or service.
6. Costs
You are solely responsible for all costs and expenses relating to Your access to the Platforms including, but not limited to, all costs, fees and charges associated with Your Subscription, all internet or data service providers, all devices, equipment and software of any kind whatsoever.
7. Service Changes
We reserve the right to modify the content and availability of the Content and Platforms at any time without notice.
8. Access outside of Australia
a. We may limit Your access the Platforms if You are located outside of Australia.
b. We may verify Your location and prevent use of the Platforms outside of Australia if not expressly authorised.
c. Where You have accessed the Platforms from a location outside of Australia, You agree to submit to the exclusive jurisdiction of the courts of Western Australia, Australia with respect to such access and Content.
9. Intellectual Property
a. You acknowledge that all content and material on the Platforms is subject to Australian and/or international copyright laws including but not limited to the Copyright Act 1968 (Cth).
b. Except for content or material produced by Third Party Licenses, We retain all intellectual property rights in relation to the Platforms including the Content of the Platforms created or provided by Us and all trademarks, domain names and indicia used in relation to Business News.
c. You must not:
i. use or obscure any trade mark, domain name or name or indicia belonging to Us;
ii. download, reproduce, communicate, transmit or perform any other act in relation to any content or materials on the Platforms which would result in an infringement of Australian and/or any international copyright laws; and
iii. sell, let or hire, or offer for sale, let or hire, or distribute any material, article or content which is an infringing copy of any content or work or other subject matter contributed by any other person.
d. We reserve the right to take all steps necessary to prevent the unauthorised use, copying reproduction, distribution or exploitation of any part of the Content or the Platforms.
10. Restrictions on Use of Content
You must not:
a. use any Content for any commercial purpose, including on-selling any Content or Subscription to any third party, or charging a fee for access to any part of the Platforms;
b. make any Content available to any other person or party (other than an authorised user if You are a corporate Subscriber);
c. rebroadcast any Content, include any Content in any collection or make Content available for download on or through any website or other platform;
d. copy, reproduce, translate, adapt, publish, create derivative works from, vary, merge or modify any Content in any way, including reverse engineering, disassembling or decompiling;
e. attempt any unauthorised access to any Subscribed Content;
f. attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Platforms;
g. directly or indirectly introduce, or permit the introduction by any third person of, any virus, worm, trojan or other malicious code into any Platforms or in any other manner whatsoever corrupt, degrade or disrupt the operation of the Platforms;
h. allow any third party to do anything inconsistent with these Terms; and
i. use the Platforms for any unlawful purpose or in any unlawful way.
11. Contributions by You
a. Where You make any contribution of any kind whether written, pictorial, video, audio or other manner of material (“Contributed Material”):
i. You represent and warrant that You are the sole author and owner of any copyright in all Contributed Material posted on the Platforms and that Your use of the Contributed Material will not infringe the copyright or other intellectual property rights of any other person; and
ii. You represent and warrant that any Contributed Material:
a) is not false, misleading, deceptive, unlawful, fraudulent, defamatory, obscene, pornographic, racist, or otherwise offensive or inappropriate; or
b) does not harass, threaten, amount to stalking of, other users of the Platforms;
c) does not infringe the privacy or confidentiality of any third party;
d) does not promote, or contain a link to, any third party business, promotion or website (except as authorised by Us) including any spam or junk mail or pyramid scheme;
e) does not include any viruses, or other corrupted or destructive files or any automated system to access or analyse any information or content; or
f) does not include any content that misrepresents who You are, including failing to disclose any commercial relationship of affiliation that may be relevant to the Contributed Material.
iii. You indemnify Us against any loss or damage of any kind whatsoever arising from, or in connection with, any breach by You of the representations and warranties set out in clause 11.a.i and clause 11.a.ii above.
b. By contributing any Contributed Material, You grant to Us a worldwide, perpetual, transferable, non-exclusive, royalty free licence to include the Contributed Material on the Platforms and to permit other parties to access and view the same.
c. We reserve the right to remove, not publish or modify any Contributed Material that We deem to be in breach of this clause 11 or otherwise unfit or reasonably unsuitable for publication.
12. Reporting
a. If You believe that any Content, Contributed Material or other material on the Platforms is unlawful or breaches these Terms please contact Us here https://www.businessnews.com.au/Contact-Us.
b. We will review any complaints and consider the appropriate action to be taken by Us (if any).
c. If you wish to provide notice as to any legal matter or an assertion of copyright infringement please send a signed notice to Us at Level 4, 41 St Georges Terrace, Perth, Western Australia 6000.
13. Termination
a. The Terms are effective until terminated by Us.
b. We may terminate this agreement, and/or Your access to the Platforms or any part thereof, at any time without notice on any reasonable grounds including but not limited to any:
i. actual or suspected breach of these Terms;
ii. actual or suspected breach by You of these Terms of Use;
iii. non-payment of fees owed by You in respect to Your Subscription;
iv. request by law enforcement authorities or agencies;
v. discontinuation or modifications to all or any part of the Platforms, Content, Subscription or associated services;
vi. technical issues or problems; and/or
vii. extended periods of account inactivity.
c. In the event of termination You are no longer authorised to access the Platforms, however:
i. all restrictions imposed on You;
ii. any licenses, warranties, representations and waivers given or granted by You; and
iii. all disclaimers and limitations of liability set out in these Terms will survive any termination.
14. Disclaimer
a. We make no warranty or representation as to the accuracy or completeness of the information or other content contained in the Content or the Platforms or that any errors, omissions or defects will be corrected.
b. 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 and completeness of the Content and rely on it at Your own risk.
c. The information contained in any Content is general in nature and does not constitute financial advice nor is it a substitute for financial or professional advice. We recommend the use of independent financial or professional advisors before making any investment decisions. No financial or other content is intended for trading or investment purposes and We and any Third Party Licensor are not liable for any trading or investment decisions based on Your use of the Content.
d. We are not responsible for, and accept no liability with respect to, any Third Party Content, Contributed Material or any comment, content or material otherwise provided or submitted by a third party.
e. We will not be deemed to have uploaded, posted, transmitted or otherwise made material available on the Platforms simply by facilitating others to post, transmit or otherwise make material available. We do not endorse any opinion, advice or statement made by any person other than Us.
15. Advertisers Terms of Use
a. The Platforms may include advertising and promotional material or other Content provided by Advertisers.
b. You acknowledge that the websites of third parties may be accessed through the Platforms and that We have no control over such third party websites.
c. You engage with any Advertiser at Your own risk and We do not:
i. recommend or endorse any product, service, opinion, view, advice or statements made by any Advertiser;
ii. accept any responsibility for any communications or transactions between You and the relevant Advertiser;
iii. warrant that any advertisement may be for goods or services available at Your location;
iv. make any guarantee or representation as to the accuracy of any advertisement, or the cost or quality of any goods or services, AND We ask that You contact the Advertiser directly if You have any queries or concerns.
d. We will be under no liability to You and all liability is expressly excluded (whether for breach of contract, negligence or otherwise) in respect of:
i. any breach of these Terms by any Advertiser;
ii. any lack of functionality of any links, websites or other platform provided by any Advertiser;
iii. the content, security or safety of any links, websites or other platform provided by any Advertiser; or
iv. any loss or damage which may be suffered or incurred by You in relation to any advertising, promotion, information, content or website or other platform accessed through the Platforms.
e. You agree to the following terms of use for the following Third Party Licensors and Third Party Content:
i. AAP Disclaimer and Copyright Notice AAP content is owned by or licensed to Australian Associated Press Limited and is copyright protected. AAP content is published on an “as is” basis for personal use only and must not be copied, republished, rewritten, resold or redistributed, whether by caching, framing or similar means, without AAP’s prior written permission. AAP and its licensors are not liable for any loss or damage, through negligence or otherwise, resulting from errors or omissions in or reliance on AAP content. The globe symbol and “AAP” are registered trade-marks.
ii. Morningstar© 2022 Morningstar, Inc. All rights reserved.
The information contained herein: (1) is proprietary to Morningstar and/or its affiliates (collectively, “Morningstar”) and/or their content providers; (2) may not be copied or distributed; and (3) is not warranted to be accurate, complete or timely. Neither Morningstar nor its content providers are responsible for any damages or losses arising from any use of this information. Past performance is no guarantee of future results. For additional information on other Morningstar Services please visit the Morningstar website.
iii. Bulls ‘n’ Bears
Bulls ‘n’ Bears content is produced and owned by Gold City Corp Pty Ltd ACN 063 210 686 ATF The Mattellee Trust trading as Bulls N’ Bears
Bulls ‘n’ Bears content is published on an “as is” basis for personal use only and must not be copied, republished, rewritten, resold or redistributed by any means, without Bulls ‘n’ Bears’ prior written permission. Any content provided by Bulls ‘n’ Bears is not warranted to be accurate, timely or complete. Bulls ‘n’ Bears is not liable for any loss or damage, through negligence or otherwise, resulting from errors or omissions in, or reliance on, Bulls ‘n’ Bears content.
iv. Seesaw Magazine
Seesaw magazine content is published on an “as is” basis for personal use only and must not be copied, republished, rewritten, resold or redistributed by any means, without Seesaw magazine’s prior written permission. Any content provided by Seesaw magazine is not warranted to be accurate, timely or complete. Seesaw magazine is not liable for any loss or damage, through negligence or otherwise, resulting from errors or omissions in, or reliance on, Seesaw magazine’s content.
Seesaw magazine content is provided in accordance with their Editorial Policy.
16. Limitations of Liability
a. Your use of the Platforms is at Your sole risk.
b. Under Schedule 2 of the Australian Consumer Law and other state based legislation, the Implied Terms are deemed included in these Terms.
c. Except for the Implied Terms, We expressly exclude to the fullest extent permitted by law all terms implied by statute, at law, in fact or otherwise.
d. To the extent that Our liability cannot be excluded by law, Our liability is limited (at Our election) to:
i. in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
ii. in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of lacing the goods, supplying equivalent goods or having the goods repaired.
e. We are not liable for any indirect, special or consequential losses or damages of any nature (including loss of profits, revenue, production, goodwill, data or opportunity) howsoever arising in connection with use of the Platforms or Content.
f. We are not liable for loss or damage resulting from any action or decision by You in reliance on any Content or for any interruption, delay in operation, or transmission, virus, communications failure, internet access difficulties or malfunction in equipment or software.
g. We are not responsible for, and accept no liability in relation to, any other party’s use of, access to, or conduct in connection with, the Platforms under any circumstances.
17. Breach
a. You acknowledge and agree that You will indemnify Us against any loss or damage of any kind whatsoever incurred by Us arising from, or in connection with, any breach by You of these Terms.
b. Where any breach of these Terms involves any unauthorised access to the Platforms or Content or infringement of any copyright or intellectual property rights You must pay to Us liquidated damages calculated as follows:
i. if You are an individual - an amount equal to the cost or fees of three (3) years’ Subscription as calculated under the then current Subscription Terms for:
a) each and every person, corporation, partnership or entity You have allowed to access the Platforms, or access the Content, or shared Content (or any copyright portion of the Content) with in breach of these Terms; and
b) each and every User associated with any corporation, partnership or other legal entity you have allowed to access the Platforms or access the Content, or shared Content (or any copyright portion of the Content) with in breach of these Terms; and/or
ii. if You are a corporation, partnership or other legal entity – an amount equal to the cost or fees of three (3) years’ Subscription as calculated under the then current Subscription Terms for:
a) each and every User associated with your corporation, partnership or other legal entity; and
b) each and every person, corporation, partnership or entity (not being a User associated with your corporation, partnership or other legal entity) You have allowed to access the Platforms, or access the Content, or shared Content (or any copyright portion of the Content) with in breach of these Terms.
c. You agree that the amounts referred to in clause 17.b above are genuine pre-estimate of the actual loss and damage that will be incurred by Us in the event of any breach of these Terms and are not a penalty.
18. Default and Damages
a. You acknowledge and agree that:
i. You indemnify and shall keep identified Business News for any losses or damages of any kind whatsoever arising from or in connection with a breach of these terms and conditions by you.
ii. Where any breach of these terms and conditions involves any unauthorised access to the Secure Areas of the Website, Subscribed Content or infringement of any copyright or intellectual property rights You must pay to Us liquidated damages calculated as follows:
a) if You are an Individual Client - an amount equal to (3) years’ Subscription Fees for:
∙ each and every person, corporation, partnership or entity You have allowed to access the Secure Areas of the Websites or Subscribed Product (or any copyright portion of any Subscribed Product) in breach of these term and conditions; and
∙ each and every User associated with any corporation, partnership or other legal entity you have allowed to access the Secure Areas of the Websites or Subscribed Product (or any copyright portion of any Subscribed Product) in breach of these term and conditions; and/or
b) if You are a Corporate Client an amount equal to three (3) years’ Subscription Fees for:
∙ each and every User; and
∙ each and every other person, corporation, partnership or entity (not being a User) You have allowed to access the Secure Areas of the Websites or Subscribed Product (or any copyright portion of any Subscribed Product) in breach of these term and conditions.
iii. You and Business News acknowledge and agree that the amount referred to in clause 16(a)(i) above is a genuine pre-estimate of the actual loss and damage that will be incurred by Business News in the event of any breach of these Terms and are not a penalty.
19. General
a. Updating Terms
i. We may from time to time review and update these Terms and will post any updated Terms on the Platforms. The newest published Terms will apply to Your use of the Platforms.
ii. We reserve the right to change or discontinue all or any part of the Platforms, and application, feature or service or any other part of the Platforms at any time without any liability or notice to You.
b. Priority
To the extent of any inconsistency:
i. the terms and conditions of the Privacy Policy prevail over these Terms; and
ii. the terms and conditions of the Subscription Terms prevail over these Terms.
c. Severability
If any provision of these Terms is deemed to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.
d. No Waiver
No waiver of any term of these Terms shall be deemed to be a further or continuing waiver of such term or of any other term. Any failure to assert any right under these Terms shall not constitute a waiver of such right.
e. Governing Law
These Terms and any issues arising under these Terms will be governed by and construed in accordance with the laws of Western Australia, Australia. You agree to submit to the exclusive jurisdiction of the courts of Western Australia, Australia.
20. Terms and Definitions
Advertisers means those parties who provide advertisements, promotions, other content or Third Party Content on the Platforms and includes Third Party Licensors;
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of the Fair-Trading Act 2010 (WA);
Content means any material or content contained in the Platforms in any format whatsoever (including but not limited to printed, written, pictorial, video, audio or in other electronic formats) and includes all content and material produced by Us, Subscription Content and Third Party Content, whether accessed by Subscription or not;
Implied Terms means those warranties and conditions implied by Schedule 2 of the Australian Consumer Law and other State law;
Platforms means the Business News website and mobile applications We own and operate under the domain name www.businessnews.com.au and any other website or mobile application under any other domain name provided by Us, including without limitation all functionality, services, and subscriptions offered therein and all communications provided to You by Us including by email or via third party applications or app notifications no matter how accessed (via any device, including but not limited via a web browser, email or application);
Privacy Policy means Our Privacy Policy available here.
Subscriber means a person or party who has access to the Platforms by way of a Subscription and includes any person with temporary registration or access;
Subscription means a subscription by a person or entity to the Platforms and related Business News and/or Third Party Licensor products as governed by the Subscription Terms;
Subscription Content means any material or content of the Platforms which We do not make accessible to the general public, and which We make accessible only to Subscribers;
Subscription Terms means the Subscription Terms and Conditions for Subscribers available here;
Terms means these Terms and Conditions for use of the Platforms and Content;
Third Party Licensors means the parties that We have entered into an agreement with to provide Third Party Content on the Platforms;
Third Party Content means any material or content in any format whatsoever (including but not limited to printed, written, pictorial, video, audio or other electronic formats) produced or provided by a Third Party Licensor, whether accessed by Subscription or not;
User has the same meaning as in the Subscription Terms and includes any officer, employee or agent of a corporation, partnership or other legal entity;
We, Us, Our or Business News - Business News Pty Ltd ABN 73 009 193 140, trading as Business News and includes Our employees, contributors, partners and licensors as the context may require; and
You, Your means the person using the Platforms or accessing the Content.
