Terms & Conditions
Conditions of Use
This agreement together with any additional terms, conditions, notices and disclaimers contained elsewhere on Fairfax Digital form the conditions between Fairfax Digital and you for the supply of material on, use of and access to Fairfax Digital on a mobile handset. Your continued use of Fairfax Digital through this service 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's wireless service.
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'). 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. Fairfax Digital allows access to two services, the smh.com.au and theage.com.au, each providing a selection of articles from the online editions of those mastheads.
All terms and conditions between Fairfax Digital and you 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, malfunction in equipment or software, or failure to deliver material due to the actions or omissions of third parties or the failure of their networks.
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 a 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.
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 and conditions or any other terms, conditions or notices appearing anywhere on Fairfax Digital.
In particular, you agree not to: (i) use Fairfax Digital to defame, abuse, harass, stalk, threaten or otherwise offend others; (ii) publish, distribute, e-mail, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate; (iii) use any automated scripting tools or software; (iv) engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming via Fairfax Digital; (v) impersonate any person or entity; (vi) 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; or (vii) 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. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999.
Third party links and advertising
Hyperlinks and pointers to websites operated by third parties (including advertisers) 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. The display of 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 linked website.
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: (a) 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 (b) in the case of goods supplied or offered by Fairfax Digital: 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.
Privacy
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.