Digital Subscription Terms and Conditions

01/11/13 Revision. Version 1 - Digital, Digital Bundle & Gift Subscriptions

1. About Digital Subscriptions

A digital subscription provides you with unlimited access to The Sydney Morning Herald/The Age website, mobile and/or tablet editions. Fairfax offers a range of digital subscription packages which can be viewed at  The Age Digital Packages or The Sydney Morning Herald Digital Packages.

Australian residents can read up to 30 free articles per month and International visitors can read up to 10 free articles per month for The Sydney Morning Herald/The Age, tablet or smartphone  browser  as well as having unrestricted access to browse the home page, videos and photo galleries. Visitors to the SMH/The Age tablet app editions for iPad & Android receive unrestricted access to the daily sections only. Free access resets from the monthly anniversary of your first visit.

In these terms and conditions, “Fairfax” means Fairfax Media Publications Pty Limited, publisher of The Sydney Morning Herald and The Sun-Herald, and The Age Company Pty Limited, publisher of The Age.

Subscribers who have 2 days or more home delivered each week or a standard Digital Edition Newspaper Replica subscribers are eligible for complimentary ‘All Digital Access’ which will provide unlimited access to the The Sydney Morning Herald/The Age website, mobile and tablet editions. Visit smh.com.au/activatenow or theage.com.au/activatenow

In order to create or activate your digital subscription, you will be required to create and/or link your subscription to a Fairfax Digital Membership account. Fairfax General Conditions of Use apply to all digital subscriptions. The login details associated with your digital membership and/or digital subscription including username and password must not be shared. If any misuse is detected your subscription may be terminated and you will not be eligible for a refund. For more details visit http://www.fairfax.com.au/conditions.html

For digital subscriptions that include a newspaper home delivery component, Fairfax’s home delivery terms and conditions also apply. They can be viewed at http://www.theage.com.au/support/homedeliveryterms or http://www.smh.com.au/support/homedeliveryterms

For more information, FAQ or to contact Fairfax Subscriber Services;

Visit https://support.fairfaxmedia.com.au

Call us on 13 66 66

Send an email to fairfaxcustomerqueries@fairfaxmedia.com.au

2. Processing and Payment, including Grace Period

Fairfax will process your digital subscription purchase as promptly as possible. Your payment details must be verified before your subscription can be activated.

If your initial payment authorisation is revoked, your subscription will be terminated. We reserve the right to reject any subscription order at any time.

Digital subscriptions renew automatically each month unless you cancel according to our cancellation policy (see clause 9 below). Payment for digital subscriptions will be direct debited from your provided credit or debit account or from your nominated PayPal account every calendar month.  

It is your responsibility to provide valid payment details. You can manage these online through www.smh.com.au/myaccount or www.theage.com.au/myaccount

If your credit card expires or your payment method is otherwise invalid, you are entitled to a ‘Grace Period’ whereby your account will remain active, and you can continue to use our services for up to 14 days, in which time you must pay the outstanding amount and update your payment details if required. If no payment is received your subscription will be automatically cancelled and unlimited access revoked.  

It is your responsibility to ensure that you have your payment details up to date. You can manage these online through www.smh.com.au/myaccount or www.theage.com.au/myaccount .

Unless specified otherwise in the Cancellation policy, all charges are non-refundable.

If for some unforeseen reason your complete access to our services are unavailable for a continuous period of more than 24 hours you may be eligible for a credit of a pro-rated amount for the period of the service outage.  For avoidance of doubt if you are unable to access our services due to problems not related to Fairfax then you are not eligible for a refund or credit of any nature.

3. Pricing

When you purchase a digital subscription, the price will be made clear during the order process. You agree to pay the price stated at the time of your order. You also agree to the billing frequency stated at the time of your order.

Discount eligibility is determined at the time of order. Discounts cannot be applied retrospectively.

All prices are in Australian Dollars (AUD).

Fairfax reserves the right to change the prices and fees at any time. We will provide you with 14 days’ notice if the regular rate of a digital subscription changes from what was stated at the time of your order.

Price changes will take effect from your next billing date after the notice period. If You do not wish to continue your Digital Subscription at the revised price, You may cancel Your subscription before the end of Your current direct debit pay cycle. See section 9.

4. Third party fees and charges

If you have purchased your digital subscription through a third party (not directly through Fairfax), these Digital Subscription Terms and Conditions of Sale may not apply to you. Fairfax is not liable to you for any claims related to purchases made through third parties. Please contact the third party directly to address these claims.

When you use your digital subscription, you may incur other additional changes, such as telecommunications fees, data fees or service provider fees. You are responsible for paying any additional charges.

5. Promotions

Fairfax may at times offer special promotions and offers. The specific terms and conditions of each offer will be stated at the time of the promotion and will apply in addition to these Digital Subscription Terms and Conditions. In the event of any inconsistency between the terms and conditions of a special offer and these Digital Subscription Terms and Conditions, these Digital Subscription Terms and Conditions will apply.

You may be required to provide your payment details when you sign up for a promotion. If this is a direct debit offer, your subscription will be automatically renewed after your initial payment at the standard subscription rate unless you cancel under the terms of the cancellation policy (see clause 9 below).

From time to time Fairfax offers promotional items with its digital & bundle  subscriptions. From time to time and at its discretion, Fairfax will communicate with its subscribers about the availability of such items and how to redeem them.

6. Software products

When you purchase a digital subscription that includes The Age or SMH for iPad apps, your purchase and terms of use will also be subject to the Apple Terms of Service, available at www.apple.com/legal/terms

When you purchase a digital subscription that includes The Age or The SMH App for Android , your purchase and terms of use will also be subscriber to the Google Play Terms of Service, available at https://play.google.com/intl/en_au/about/play-terms.html

7. Managing your Digital Subscription

You can manage your account and personal details  online through www.smh.com.au/myaccount or www.theage.com.au/myaccount

You can upgrade or downgrade your subscription package as you need using My Account or contacting our Subscriber Services team.

Upgrades will be billed from your next billing cycle, with access to digital products accessible immediately. If your upgrade option has a print component please allow up to 10 days for your home delivery to be arranged & start with your local newsagent.

Downgrades to a lower subscription package rate will take effect from your next billing cycle.  If your current subscription has a print component the home delivery will cease on our commencement of your next billing cycle, please allow 72 hours prior to the end of your current bill cycle  to process the stop with your newsagent and for your delivery to cease.

Suspension Policy. Digital subscriptions cannot be suspended under any circumstances, if your package includes a home delivery option, you may can suspend the print component in accordance with Fairfax’s home delivery terms and conditions. Please allow a minimum of 3 working days for the suspension to be processed. Delivery will not be made during any suspension period notified to Fairfax. However, the expiry date of your Print Subscription will not be extended and you will not be entitled to any refund in respect of the suspension period.

8.   Complimentary All Digital Access

Available to Subscribers who have 2 days or more home delivered each week or a standard Digital Edition/ Newspaper Replica subscription.

It is your responsibility to activate your complimentary  All Digital Access. Simply visit www.smh.com.au/activatenow or www.theage.com.au/activatenow using your email & subscriber number.

You will be required to setup a Fairfax Digital Membership account, - we recommend using the same email address as you have nominated for your print subscription.

The All Digital Access component of your subscription cannot be temporarily suspended under any circumstances.

9.   Digital Subscription Gift Packages

Fairfax Media Digital Subscription gift packages (“Gift Subscriptions”) can be purchased by visiting our websites using a valid PayPal account or credit card.  Fairfax retains the sole and unfettered discretion to accept or decline Gift Subscription purchase requests based on business requirements without the need to provide reasons.

By acquiring, redeeming or using a Gift Subscription, you agree to these Digital Subscription Terms & Conditions.

Gift Subscriptions must be paid for in advance. Gift Subscriptions are fixed subscription packages with a term of three, six or twelve months commencing on the date of redemption by the gift recipient, and are restricted to the subscription package type chosen by the person who purchases the gift subscription.

Gift purchasers may opt to send a Gift Subscription notice to their chosen gift recipient on a date within three calendar months of the purchase date.  Gift Subscriptions must be redeemed within three calendar months of the gift send date. Gift Subscriptions which are not redeemed within this timeframe will be automatically forfeited, and will not be redeemable after such date. The Gift Subscription purchase price is not refundable in any circumstances, including where the Gift Subscription is forfeited in the manner described in this paragraph.

No rights or benefits are conferred or accrue to a gift recipient unless and until the gift recipient redeems the gift and activates the Gift Subscription.

Customers who purchase a Gift Subscription for themselves must pay by Direct Debit using a valid credit card or PayPal account. At the conclusion of the gifting period your subscription will automatically renew onto the standard rate and will be deducted, in advance, on the monthly anniversary of your first payment.  

If your Gift Subscription has a home delivery component, you will need to provide your address details on gift redemption. It may take up to 10 days for your address to be validated and arranged with your local newsagent, before your delivery will commence.

Gift Subscriptions are non-refundable to either the gift purchaser or the gift recipient. You can elect to manage or change the details of the name and email address of the recipient of your gift by visiting www.smh.com.au/myaccount or www.theage.com.au/myaccount, provided that such changes cannot be made within the period of 48 hours after the purchase date, nor can they be made after the gift recipient has redeemed the Gift Subscription.

It is your responsibility as a gift purchaser to ensure that the gift recipient’s email address, name and details of the gift are correct and within a serviceable area where standard Fairfax home delivery exists, and no refunds will be provided for Gift Subscriptions purchased for out-of-area recipients. Please contact Fairfax Subscriber Services on 13 66 66 for queries about this or other Gift Subscription queries. We will endeavour to advise of delivery issues or non delivery of the gift via the contact details provided or captured at gift purchase and redemption.

10. Cancellations

You can cancel your digital subscription at any time by contacting Fairfax Subscriber Services:

Visit https://support.fairfaxmedia.com.au

Call us on 13 66 66

Send an email to fairfaxcustomerqueries@fairfaxmedia.com.au

Digital subscriptions are non-refundable.

When you cancel, you cancel only future charges associated with your subscription. You may notify us of your intent to cancel at any time, but the cancellation will become effective at the end of your current billing period. You will continue to have the same access and benefits until the end of your current billing period.

For digital subscriptions that include a newspaper home delivery component, Fairfax’s home delivery terms & conditions also apply.  Please allow a minimum of 72 hours prior to your next  billing cycle to notify us of your cancellation.

If you cancel your Home Delivery Subscription, your complimentary access to the Digital Edition Newspaper Replica and/or All Digital Access component will cease on the same day. If you cancel your Standard Digital Edition Newspaper Replica subscription your complimentary All Digital Access component will cease on the same day.

11. Fairfax right to change digital products

Fairfax reserves the right to modify the content, inclusions, type and availability of any digital product at any time. In the event your subscription package changes, you will be given 14 days notification prior to when you would need to make a decision to cancel and not be affected. Your package will change automatically take place from your next billing cycle.

We reserve the right under special circumstances to enable free access to our subscriber content for a limited period of time. During this time subscribers will not be eligible for a refund.

If any or all of our digital products are temporarily unavailable, you will not automatically be entitled to receive a refund. We reserve the right to issues refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

12. My Benefits Program

As a subscriber you may be eligible to participate in our benefits program - MyBenefits. For terms and conditions for this program, subscribers to The Age please refer to www.theage.com.au/mybenefits Subscribers to The Sydney Morning Herald and The Sun-Herald please refer to www.smh.com.au/mybenefits.  

13. Your Privacy

You agree that your name, address, email address, year of birth, postcode, gender and mobile/telephone number will be collected and stored by Fairfax and used for the purpose of managing Your subscription, communicating with You about Your subscription and to notify You of any associated customer offers or benefits or future subscriptions, unless otherwise notified by you.

Information on how we handle your personal information is explained in our Privacy Policy. You can obtain further information on the Fairfax Privacy Policy by visiting http://www.fairfax.com.au/privacy

14. Disclaimers

You agree that any errors made in entering your contact information and order details are your responsibility and Fairfax is not liable for any consequences that may arise as a result of such errors or incorrect information, including but not limited to sending the subscription to the address as notified by you.

To the extent permitted by law, Fairfax is not liable to you for any loss or damage incurred by you in connection with your subscription, whether direct, consequential, special, indirect or other loss or damage. In any event, Fairfax's maximum liability to you is limited to the value of the subscription fees paid within the previous twelve months.

15. General

You agree that all subscriptions provided, benefits accepted or offers made by Fairfax shall be deemed to be provided in Australia, notwithstanding your location, and the terms of such subscriptions, benefits and offers shall be governed exclusively by New South Wales law, and the Courts of New South Wales shall have exclusive jurisdiction to determine any such matters that may arise involving or alleged to involve Fairfax.

You acknowledge that these Digital Subscription Terms and Conditions may be modified by Fairfax from time to time, including but not limited to terms relating to fees and charges, cancellation and modifying your subscription.

You will be notified of any changes to these Subscriptions Terms and Conditions by Fairfax on Fairfax’s Subscriber Services Support webpage. Please visit https://support.fairfaxmedia.com.au

You can also find them on our websites;

For Home Delivery & Digital Edition Newspaper Replica Terms and Conditions please visit -

www.smh.com.au/support/homedeliveryterms

www.theage.com.au/support/homedeliveryterms

For All Digital Access & Digital Subscriptions please visit -

http://www.smh.com.au/support/digitalsubscriptionterms

http://www.theage.com.au/support/digitalsubscriptionterms

16.   Definitions

In these terms and conditions:

"Fairfax", "we" or "us" means Fairfax Media Publications Pty Limited, publisher of The Sydney Morning Herald and The Sun-Herald, and The Age Company Pty Limited, the publisher of The Age.

"Subscriber", "Customer" or "You" means a person who is a subscriber to The Sydney Morning Herald and/or The Sun-Herald or The Age.

A "Print Subscription" or “Home Delivery Subscription” means a standard fully paid subscription to The Sydney Morning Herald, Sun-Herald or The Age taken up directly with Fairfax, and for which these terms and conditions apply. A Print/Home Delivery Subscription includes all parts and sections of the publication deemed part of the publication for home delivery in your area; this may change from time to time in accordance with Fairfax’s reasonable logistics and operational requirements.

A "Digital Edition Newspaper Replica Subscription" means a paid subscription to The Sydney Morning Herald Digital Edition or The Age Digital Edition.

“All Digital Access” refers to unlimited access to The Sydney Morning Herald/The Age website, mobile and/or tablet editions.

“Gift Subscription” refers to fixed subscription packages to The Sydney Morning Herald/The Age website, mobile and/or tablet editions with a term of three, six or twelve months commencing on the date of redemption by the gift recipient, and are restricted to the subscription package type chosen by the person who purchases the gift subscription.