Terms & Conditions

These terms and conditions, together with the Fairfax Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Clique website (‘Conditions’) govern your participation and access to Clique.

We may change all or part of the Conditions at any time. If we do, the new Conditions will be posted on the Clique website. Your subsequent or continued membership of Clique will constitute your acceptance of any changes. If you object to any changes to the Conditions, your only remedy is to immediately cease being a member of Clique.

These terms and conditions were last updated in January 2017.

Clique

Clique runs a program that may include some or all of the following events and activities:

• Monthly photographic Challenges – with prizes supplied by Fairfax and/or Clique partners
• “Big Picture” competition for travel photography, in association with Traveller.
• Online photography tutorials
• Exclusive member benefits and offers provided by Clique partners (such as equipment and software)
• Feedback and advice from Fairfax’s photographic department
• Entry into the Clique Photographer of the Year competition
• Competitions
• End of year party
• Seminars and workshops
• Exhibitions
• Slide nights

Each of the above events and activities may have separate terms and conditions associated with it. These terms are an integral part of, and should be read in conjunction with, the Conditions. Please refer to this page for further information.

Membership

To participate in Clique or Student Clique, you must register as a member. Membership options are:

1.     Full – paid membership with full access and benefits available through the Clique website, including professional feedback and advice from Fairfax’s photographic department. Annual membership fees will be as notified from time to time by us via the Clique website and we reserve the right to vary membership fees and provide discounted rates. Full membership is $39 for current Fairfax subscribers and $49 for non-subscribers. Full membership is valid for 12 months.
2.     Basic – free membership with limited access and some of the benefits available through the Clique website. Basic membership excludes professional feedback and advice from Fairfax’s photographic department and access to any Clique activities or events as determined by us from time to time.
3.     Student Full – full student membership is currently $29 for Fairfax subscribers and $39 for non-subscribers (with full access and benefits to the Clique website. Full membership is valid for 12 months.
4.     Student Basic – free student membership (with the same access and benefits as 2 above).

To be eligible for a Student membership you must be:

•      aged 18 years or over or, if under 18, have a parent or guardian’s permission to join Student Clique; and
•      currently enrolled in an Australian tertiary institution (university, college, or TAFE) with a valid student number; or
•      currently enrolled in an Australian secondary institution (high school) with a valid student number.

Annual membership fees will be as notified from time to time by us via the Clique website and we reserve the right to vary membership fees and provide discounted rates.

If you hold a Student membership, when your membership is due for renewal (after 12 months) you may be asked to re-verify your student status or transfer over to a Basic membership if you have graduated, deferred or discontinued your educational course.

If you transfer from a Full Clique membership to a Student Full membership, you will not be entitled to a refund of your original membership fee (in full or in part). The remainder of your Full membership will be transferred over to your Student Clique account.

We may at any time request a form of identification to verify your identity and/or verify student status.

You may register as a member for Clique at any time. You must not register as a member multiple times. You cannot hold both a Standard Clique and Student membership.

Any current employee or contributor of Fairfax Media’s photographic department in Australia or New Zealand is not eligible to be a competing member of Clique (i.e. enter into any Clique competitions), but they can otherwise be a member and participate in Clique.

You must not impersonate or create a membership for any person other than yourself.

Membership can be cancelled at any time, but the fee will not be refunded in whole or in part.

All Basic (free) memberships will automatically renew from year to year. If a Full membership is not renewed, that membership will automatically roll over to a basic membership with limited access and benefits to the Clique website as determined by us.

Memberships are not transferable. To arrange a gift membership click here.

When registering as a member, you must provide us with accurate, complete and up-to-date registration information, as requested. It is your responsibility to inform us of any changes to your registration information. We will treat your personal information in accordance with our Privacy Policy.

If you are under the age of 16, your parent’s or guardian’s permission is required prior to registering as a member (including as a Student member). We reserve the right to check if such permission is granted and, if it is not, to cancel your membership.

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.

We reserve the right to, in our sole discretion, suspend or terminate your membership of Clique, including if we believe you have breached any of these conditions.

Clique website

While we use reasonable and secure endeavours to ensure that the Clique website is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free. Your access to the Clique website may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.

Except as expressly provided otherwise in the Conditions, we reserve the right to change or discontinue any website, feature or service (or part thereof) on the Clique website at any time.

Your Conduct

During your participation in Clique, including entry into any Competition, you must not:

1. Breach any applicable laws or regulations;
2. Submit, upload, post, transmit or otherwise make available (or attempt to submit, upload, post, transmit or otherwise make available) any Material that:
   1. 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;
   2. Contains, promotes, or provides information about unlawful activities or conduct;
   3. Is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, 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;
   4. Exploits another person in any manner;
   5. Includes an image or personal information of another person or persons unless you have their consent;
   6. Depicts a person aged 16 years or under without written parental consent (by submitting an entry you acknowledge that you have obtained any required consent under this paragraph);
   7. Poses or creates a privacy or security risk to any person;
   8. You know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
   9. Contains restricted or password only access pages, or hidden content;
   10. Contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware; or
   11. Advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us);
3. Except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Clique website or cause any other person to do so; or
4. Delete any attributions or legal or proprietary notices on the Clique website.
5. Photographs are genuine photographs and not computer generated.

Your Material and Copyright

By submitting, uploading, transmitting, posting or otherwise making available any Material to Clique, including for entry into any Competition, you:

1. Grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to:
   1. use, reproduce, edit and exploit the Material in any form (including on any Fairfax Network) in association with Clique or any Fairfax photography program; and
   2. sublicense to any Clique partner or Competition sponsor, for any purpose in association with Clique or any Fairfax photography program.
2. Warrant that you have the right to grant the abovementioned licences;
3. Warrant that the Material does not breach the Conditions; and
4. Unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material to the extent required for us to operate the Clique Photo Club and to run any Clique programs, events and activities.

We reserve the right (but have no obligation) to:

• Review, modify, reformat, reject or remove any Material which you submit, upload, post, transmit or otherwise make available (or attempt to submit, upload, post, transmit or otherwise make available);
• Monitor participation in Clique and use of the Clique website, and store or disclose any information that we collect, including in order to investigate compliance with the Conditions or as required by law.

We are not responsible for, and accept no liability with respect to, any Material submitted, uploaded, posted, transmitted or otherwise made available on the Clique website by any person other than us.

Notifying us

If you think that the Clique website has been accessed or used by another user in breach of the Conditions, please email us at supportqueries@fairfaxdigital.com.au. We’ll 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 us 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 supportqueries@fairfaxdigital.com.au.

Intellectual Property

The Clique website contains Material that is protected by copyright, trademark and other laws. Except where expressly provided otherwise in the Conditions, you may reproduce and display the Material on the Clique website for your own personal, non-commercial use only. Except for the temporary copy held in your computer’s cache and a single permanent copy for your personal reference, the material may not otherwise be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or part without our prior written approval or the written approval of our licensor.

In particular, you may not use any Material available on the Clique website to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, internet site or other means of distribution.

Nothing displayed on the Clique website should be construed as granting any right of use in relation to any logo, masthead or trade mark displayed on the Clique website without the express written consent of the relevant owner.

Third party websites, advertising and activities [We may feature or display links and pointers to websites operated by third parties on the Clique website. Such websites do not form part of the Clique website and are not under our control. We do not accept any responsibility in connection with any such website.
The Clique website may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.

If you contact a third party using functionality provided on the Clique website, including via email, we do not accept any responsibility for any communications or transactions between you and the relevant third party.

From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. You participate in any such activities entirely at your own risk.

We do not accept any responsibility in connection with your participation in activities conducted by any third party. These communications and/or activities may be subject to separate terms and conditions and are conducted in accordance with the terms of Fairfax’s Privacy Policy. For example, the personal information you provide when registering on the Clique website may be used, or disclosed, for the purpose of sending you marketing or promotional material about a third party business that we believe may be of interest to you. You will be given an opportunity to unsubscribe to any of these communications in accordance with applicable legislation. If you wish to make a complaint or provide feedback about a privacy related matter, please email our Privacy Officer at privacy@fairfaxmedia.com.au.

Disclaimer

You use the Clique website at your sole risk.

We will not be liable for loss resulting from any action or decision by you in reliance on the Material on the Clique website, nor any interruption, delay in operation or transmission, virus, communications failure, internet access difficulties, or malfunction in equipment or software.

Limitation of liability

To the extent permitted by law, we exclude all conditions and warranties relating to your use of the Clique website that are not expressly set out in the Conditions.

In no circumstances will we 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 Clique website.

Indemnity

You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your participation in, access to or conduct in connection with the Clique website, including any breach by you of the Conditions.

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 Clique website, you affirm that you are 16 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 New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales to determine any matter or dispute which arises under the Conditions.

Definitions

In these terms and conditions:

– “Competition” means Traveller Big Picture competition, Shoot the Chef competition and any other competition run by us in association with Clique.
– “Clique” means a members only association dedicated to photography operated by us.
– “Clique website” means the website that we own and/or operate from time to time in relation to Clique, regardless of how this website is accessed by members (including via the internet, mobile phone or any other device).
– “Conditions” means these terms and conditions, together with the Fairfax Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Clique website.
– “Fairfax Network” means all of the websites that we own and/or operate from time to time, regardless of how those websites are accessed by users (including via the Internet, mobile phone or any other device). For a list of the websites that currently form part of Fairfax Network, visit fairfaxmedia.com.au.
– ‘Material’ means text, illustrations, photographs, audio, video, any combination of these or other material.
– ‘Us’, ‘we’,’our’ or Fairfax means Fairfax Media Limited (ABN 15 008 663 161) and/or its related bodies corporate.