TERMS AND CONDITIONS
Welcome
to the Site. The terms & conditions, together with the Privacy Policy and
any additional terms, conditions, notices and disclaimers displayed elsewhere
on the Site (“ Conditions”) govern the way you may access the site in several
ways, including but not limited to the web, PDAs, mobile phones and RSS feeds.
These Conditions apply whenever you access the Site, regardless of how you
access the Site.
These terms and conditions of use were last updated on 9 April 2010.
Your use of this site
NSI Operations Pty Ltd (ACN: 128 421 241) (NSI Operations) is the owner and operator of this Site.
NSI Operations does not own the URL's www.ToowoombaNews.com.au
or www.AustraliaNews.com.au.
NSI Operations operates these URL's under licence from the owner of the URL's. The owner
of the URL's takes no responsibility and disclaims any liability for any
material published on the Site and disclaims any liability for any use in
any way relating to the Site.
Users
of this Site (Users) agree to be bound by these Conditions, which are
subject to change at NSI Operations's sole discretion. Your use of and access
to this Site indicates your acceptance of these Conditions, and any
changes as they exist at that time. NSI Operations may change all or
part of the Conditions at any time. If NSI Operations does, the new Conditions
will be posted on the Site. If you object to any changes to the
Conditions, your only remedy is to immediately discontinue use of the
Site.
Whilst
NSI Operations will make reasonable endeavours to ensure that the Site is available
continuously, NSI Operations does not make any representations or warranties that
your access will be uninterrupted, timely, secure, or error free. Your access
to the Site may be suspended without notice in the case of system failure,
maintenance or repair or any reason beyond NSI Operations's control.
Except
as expressly provided otherwise in the Conditions, NSI Operations reserves the right
to change or discontinue any website, feature or service (or part thereof) on
the Site at any time.
Except
as expressly provided otherwise in the Conditions, NSI Operations reserves the right
to change the pricing for any chargeable service or feature on the Site at any
time without providing notice to you.
To access or use certain parts of the Site, you may be asked to register as a
member of the Site and/or a particular website that forms part of the Site.
Generally, registration is free. When registering as a member, you must provide
NSI Operations with accurate, complete and up-to-date registration information, as
requested. It is your responsibility to inform NSI Operations of any changes to your
registration information. You must not register as a member multiple times. You
must not impersonate or create a membership for any person other than yourself.
NSI Operations may at any time request a form of identification to verify your
identity. You must ensure the security and confidentiality of your membership
details, including any username and/or password assigned to you. You are wholly
responsible for all activities which occur under your membership details
(including unauthorised use of your credit card). You must notify us
immediately if you become aware of any unauthorised use of your membership
details. You must not permit your membership details to be used by or
transferred to any other person. NSI Operations reserves the right to, in its sole
discretion, to suspend or terminate your membership or access to all or any
part of the Site, including if NSI Operations believes you are abusing the services
in any way, have breached the Conditions or are no longer an active member.
You must not:
- use the Site in breach of any applicable laws or regulations;
- use the Site (or Material obtained from the Site):
- to transmit (or authorise the transmission of ) “junk mail”, “chain letters”, unsolicited emails, instant messaging, ”spimming” or “spamming” ;
- to impersonate any person or entity;
- to solicit money, passwords or personal information from any person;
- to harm, abuse, harass, stalk, threaten or otherwise offend others; or
- for any unlawful purpose;
- use the Site to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Material that:
- is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
- contains, promotes, or provides information about unlawful activities or conduct;
- is, or could reasonably be expected to be, defamatory, obscene, offensive, hreatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
- exploits another person in any manner;
- contains nudity, excessive violence, or sexual acts or references;
- includes an image or personal information of another person or persons unless you have their consent;
- poses or creates a privacy or security risk to any person;
- you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
- contains large amounts of untargeted, unwanted or repetitive content;
- contains restricted or password only access pages, or hidden content;
- contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
- advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or
- contains financial, legal, medical or other professional advice;
- interfere with, disrupt, or create an undue burden on NSI Operations or the Site;
- use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Site;
- use the Site with the assistance of any automated scripting tool or software;
- frame or mirror any part of the Site without our prior written authorisation of NSI Operations;
- use code or other devices containing any reference to the Site to direct other persons to any other web page;
- except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or cause any other person to do so; or
- delete any attributions or legal or proprietary notices on the Site
By uploading, transmitting, posting or otherwise making available any Material via the Site, you:
- grant NSI Operations a non-exclusive,
worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit
the Material on the Site and any related site in any form and for any purpose;
- except where expressly stated
otherwise, also grant each user of the Site and any related site a
non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce,
edit and exploit the Material in any form for any purpose, subject to the
Conditions;
- warrant that you have the right to grant the abovementioned licences;
- warrant that the Material does not breach the Conditions; and
- unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.
NSI Operations reserves the right (but has no obligation) to:
- review,
modify, reformat, reject or remove any Material which you upload, post,
transmit or otherwise make available (or attempt to upload, post, transmit
or otherwise make available) that, in our opinion, violates the Conditions
or otherwise has the potential to harm, endanger or violate the rights of
any person; and
- monitor
use of the Site, and store or disclose any information that NSI Operations collects,
including in order to investigate compliance with the Conditions or for
the purposes of any police investigation or governmental request.
NSI Operations is not responsible for, and
accepts no liability with respect to, any Material uploaded, posted,
transmitted or otherwise made available on the Site by any person other than
NSI Operations. For the avoidance of doubt, NSI Operations will not be taken to have
uploaded, posted, transmitted or otherwise made Material available on the Site
simply by facilitating others to post, transmit or other make Material
available. Furthermore, NSI Operations does not endorse any opinion, advice or
statement made by any person other than NSI Operations.
If you think that
the Site has been accessed or used by another user in breach of the Conditions,
please email NSI Operations at editor@NSI Operationsnews.com.au.
NSI Operations will consider whether there are grounds for taking any action, but
you won't necessarily be contacted as to our decision. In particular, if you
wish to send NSI Operations a copyright infringement notification, you will need to
identify the Material(s) that you believe infringe(s) your copyright, identify
each copyright protected work in which you own the rights and which you believe
has been infringed, identify how each copyright protected work has been or is
being infringed and include your contact information. You will need to sign the
notice and send it to editor@NSI Operationsnews.com.au
Intellectual Property
All
intellectual property in relation to content on the Site belongs to NSI Operations
or its licensors, advertisers or affiliates. You obtain no interest in that
intellectual property. All content on the Site 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. You do not have any tight, title or interest in
or to any proprietary rights relating to the Site.
You may download and view content or print a copy of material on this Site 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 NSI Operations. Unless expressly stated otherwise, you are
not permitted to copy, or republish anything you find on the Site without the
copyright or trademark owners' permission.
The NSI Operations logo is owned by
NSI Operations or its related bodies corporate. Other trademarks may be displayed on
the Site from time to time. These may belong to third parties. Nothing
displayed on the Site should be construed as granting any license or right of
use of any logo, trademark or masthead displayed on the Site, without the
express written permission of the relevant owner.
Third party websites, content & links, advertising and activities
The Site may feature or display
links and pointers to websites operated by third parties on the Site. Such
websites do not form part of the Site and are not under NSI Operations's control.
NSI Operations does not accept any responsibility in connection with any such
website. If you link to any such websites, you leave the Site entirely at your
own risk. The
appearance of those links on this site does not indicate any relationship
between NSI Operations and that third party or any endorsement by NSI Operations of that
third party, its site or the products or services which it is advertising on
this Site. The Site may include third party content which is subject to that
third party's terms and conditions of use. Nothing on the Site should be
construed as granting any license or right for you to use that content. You must not link to the Site
from any other website (or otherwise authorise any other person to link from a
third party website to the Site) without NSI Operations's prior written consent.
The Site may feature or display third party
advertising. By featuring or displaying such advertising, NSI Operations does not in
any way represent that NSI Operations recommends or endorses the relevant
advertiser, its products or services. If you contact a third party using
functionality provided on the Site, including via e-mail, NSI Operations does not
accept any responsibility for any communications or transactions between you
and the relevant third party.
From time to time, NSI Operations may promote,
advertise, or sponsor functions, events, offers, competitions or other
activities that may be conducted offline and may be conducted by third parties.
These activities may be subject to separate terms and conditions. You
participate in any such activities entirely at your own risk. NSI Operations does
not accept any responsibility in connection with your participation in
activities conducted by any third party.
Liability & Indemnity
You use the Site at your sole risk. NSI Operations does not warrant the accuracy of the
content on the Site. 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 on the Site may be changed at NSI Operations's sole discretion and without
notice.
NSI Operations 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 Site.
NSI Operations does not warrant that functions contained in the Site content, such as
hyperlinks, will be uninterrupted or error free, that defects will be
corrected or that NSI Operations or the server that makes it available, are
free of viruses or bugs.
To the extent permitted by law, all other representations, conditions or
warranties, whether based in statute, common law or otherwise are
excluded. Liability of NSI Operations, for any breach of a term or condition
implied by law is limited at NSI Operations's discretion, to the supply of any
service again or the payment for the cost of having any service supplied
again.
You indemnify NSI Operations and its affiliated companies, and each of their
directors, officers, employees and agents against any action, claim, loss
or expense which it incurs which arises from your use of the Site.
To the extent permitted by law, NSI Operations excludes all conditions and
warranties relating to your use of the Site that are not expressly set out
in the Conditions.
To the extent that NSI Operations's liability for breach of any implied warranty
or condition cannot be excluded by law, NSI Operations's liability will be
limited, at NSI Operations's option, to:
- in the case of goods supplied or offered by NSI Operations:
- 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.
In relation to any express warranty or condition set out in the Conditions in
connection with goods or services supplied or offered by NSI Operations, NSI Operations's
liability to you will be limited to the amount(s) paid by you (if any) in
respect of those goods or services.
- In no circumstances will NSI Operations be liable to you for any indirect, incidental,
special and/or consequential losses or damages (including loss of profits,
revenue, production, goodwill, data or opportunity) of whatever nature
howsoever arising in connection with the Site.
Disclaimer
You use the Site at your sole risk. Except where expressly stated otherwise,
Material on the Site is provided as 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. NSI Operations does not make any
representation or warranty that any Material on the Site will be reliable,
accurate or complete, nor does NSI Operations accept any responsibility arising in
any way from errors or omissions. NSI Operations will not be liable for loss
resulting from any action or decision by you in reliance on the Material on the
Site, nor any interruption, delay in operation or transmission, virus,
communications failure, Internet access difficulties, or malfunction in
equipment or software.
You acknowledge that NSI Operations is not
responsible for, and accept no liability in relation to, any other users' use
of, access to or conduct in connection with the Site in any circumstance.
GST
Unless stated to be otherwise, charges referred to for any goods or services
supplied (or offered for supply) via the Site are stated exclusive of GST.
Where GST applies to any supply made to you, NSI Operations will add the applicable
GST and issue you with a Tax Invoice. GST means the Australian goods and
services tax charged under A New Tax System (Goods and Services Tax) Act 1999
("Act"). Tax Invoice means tax invoice as defined by the Act.
Severability
If any provision of the Conditions is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of the Conditions, which shall remain in full force
and effect.
No waiver
No waiver of any term of the Conditions shall be deemed a further or continuing
waiver of such term or any other term. Any failure to assert any right under
the Conditions shall not constitute a waiver of such right.
Affirmation regarding age
By using the Site, you affirm that you are 18 years or over or otherwise
possess legal parental or guardian consent.
Applicable law
These Conditions shall be construed in accordance with and governed by the laws
of Queensland, Australia. You consent to the exclusive jurisdiction of the
courts in Queensland Courts to determine any matter or dispute which arises
under the Conditions.
Election Comment
Responsibility for all election comment is taken by the editor, Level 2, Toowoomba Central Plaza, 532
Ruthven Street, Toowoomba.
Definitions
In these terms and conditions:
- "Conditions" means these terms
and conditions, together with the Privacy Policy and any additional terms,
conditions, notices and disclaimers displayed elsewhere on the Site.
- "Material" means text, illustrations, photos, audio, video, any combination of these or other material.