PerthNow - Terms of Use

Welcome to the PerthNow website ("Site"), the online destination of The Sunday Times newspaper.

This Site is owned by West Australian Newspapers Limited (ABN 98 008 667 632), part of the Seven West Media group.

Content on the Site

All copyright in material on this Site is owned by WAN or its licensors, except for certain editorial content on certain pages of the site which is published by Nationwide News Pty Limited (as owner or licensee of that editorial content). For more information about who publishes particular editorial content, please contact us here

These Terms and Your Use of the Site

These Terms of Use are important and you should read them carefully. Your use of and access to the Site constitutes your agreement to these Terms of Use and any terms elsewhere on the Site.

WAN reserves the right to amend the Terms of Use at any time. Any changes will be published in this web document. Since you are bound by these Terms of Use, you should periodically refer to this web document to monitor changes.

When you visit the Site, you will be able to read and view written, illustrated, photographic & video material including news, current affairs, lifestyle and advertising material.

To the fullest extent permitted by law WAN disclaims any implied warranty that such information is accurate or complete, that any product/service is suitable for a particular purpose or that any product/service is available at a quoted price or location.

Privacy

You may be required to register to access certain features of the Site. If you do so, WAN is collecting your personal information for the purpose of establishing and maintaining your PerthNow account and providing you with access to additional content, and also for the purpose of understanding our audiences.

WAN will otherwise handle your personal information in accordance with Seven West Media’s Privacy Policy which is available at

http://www.sevenwestmedia.com.au/privacy-policies/print-and-online-publications

http://www.sevenwestmedia.com.au/privacy-policies

(and which contains information regarding how you can access your personal information, correct it and/ or make a complaint about our handling of your personal information). By using this Site and/or registering, you agree to the terms of the Privacy Policy. Without limiting the foregoing, WAN may disclose your personal information to its related entities, business partners and external service providers for research and profiling purposes as well as other purposes reasonably related to your relationship with WAN. In addition, by using this Site and/or registering, you consent to WAN using your personal information for the purpose of WAN and its related entities sending you information regarding programs, products and services available through them and/ or through their business partners, and to WAN from time to time sharing your personal information with carefully selected business partners for the purpose of them sending you such information directly. We will always provide you with the ability to opt out of those communications

Site Access & Use

All information, text, material, graphics, software and advertisements on the Site ("Content") are protected by copyright and in some cases, trade mark laws.

Apart from any use permitted under the Copyright Act 1968 (Cth) you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Site or expressly authorised in writing by WAN.

The reproduction, duplication, distribution (including by way of email or other electronic means), publication, modification, copying or transmission of material from the Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of WAN or unless it is specifically stated otherwise within the Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on the Site.

This means you are strictly prohibited from creating works or materials that derive from or are based on the materials contained in the Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away. The Site may also include materials owned by third parties and posted on the Site by virtue of a licence, grant or some other form of agreement between the third party and WAN.

The Site contains links to other websites outside the Site for your information and convenience. WAN makes no warranty or representation as to the functionality of these links, the security of those sites or the reliability or accuracy of the information contained on these sites. You access any such website entirely at your own risk and your purchase from any third party is entirely at your own risk. The Site may also link to other WAN-owned websites where you may purchase goods from WAN (such as subscriptions). Your purchase of those products on those sites is governed by terms on those sites.

Strictly on the condition that you keep all Content intact and in the same form as presented on the Site (including without limitation all copyright, trade mark and other proprietary notices and all advertisements), you may ONLY download and/or view the Content for your personal, non-commercial use.

Research

When you use this Site, you acknowledge and agree that you may be invited by WAN to participate in feedback surveys, online surveys and/ or focus groups.

Forums, Comments and other Interactive Uses

By submitting content to this Site or participating in any interactive forum on the Site, you grant WAN and its affiliates a nonexclusive, perpetual, transferrable, and fully sub-licensable, royalty free right to use, adapt, publish and reproduce that content for any purpose, throughout the world and in any media. We may use the name that you have submitted in connection with that content, however you acknowledge that any such attribution is at our discretion. You waive all moral rights to any content you submit, and consent to any act or omission that could otherwise constitute a breach of such moral rights, including derogatory treatment and failure to correctly identify you as the author. You expressly acknowledge that we may disclose the Content you submit to third parties (such as product distributors and manufacturers) for any purpose, including sub-licensing such content to them for use in their own websites and marketing activities. You acknowledge that this disclosure may include personal information about you and without any compensation, attribution or restrictions on use.

Site Etiquette

When you submit content or participate in any interactive forum on the Site, you must conduct yourself in a dignified and respectful manner. Any language, conduct or behaviour deemed inappropriate will be reported to us and we may terminate your registration. In particular, you warrant that you will not submit any of the following:

content that is false, misleading, unlawful, fraudulent, defamatory, obscene, pornographic, racist, or otherwise inappropriate; or
content that harasses, threatens, or offends other users of the Site;
content that infringes the intellectual property rights, privacy or confidentiality of any third party
viruses, or other corrupted or destructive files; or
content that misrepresents who you are, including failing to disclose any commercial relationship of affiliation you may have with WAN (or a competitor of WAN) or any product or service you are reviewing or commenting on).

All views and opinions you express should be your own genuinely held views based on your experience using a product or service and not motivated by any financial gain or intended to harm another business.

We reserve the right to edit or remove any content that does not comply with these Terms of Use and we may terminate your registration.

Liability

WAN and its employees and agents will not be liable to you or any other person for any loss, injury or damage arising from or as a consequence of any act or omission by WAN. Under Schedule 2 of the Consumer and Competition Act 2010 (Cth) (“Australian Consumer Law”) and other state based legislation, certain warranties and conditions (“Implied Terms”) are implied into these Terms of Use. The operation of, and liability for breach of, the Implied Terms cannot be excluded and can only be limited in certain circumstances. Except for the Implied Terms, we exclude to the fullest extent permitted by law all terms implied by statute, at law, in fact or otherwise. You understand and agree that WAN has no warranty obligations or other liabilities to you under these Terms of Use. We exclude to the fullest extent permitted by law all liability for any liabilities, losses, damages, costs or expenses (whether arising in contract, tort (including negligence) or under any other cause of action) suffered or incurred by any person in connection with these Terms of Use or an act or omission of our or any of our personnel in connection with these Terms of Use except for liability for breach of the Implied Terms which cannot be excluded by law (which may be limited to the extent permitted by the Australian Consumer Law). In addition, our liability for breach of a condition or warranty implied into these Terms of Use is limited: in the case of goods, to any one of the following as determined by us (to the extent such liability is with respect to our product(s)):

the replacement of the goods or the supply of equivalent goods; or
the repair of the goods; or
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired;
the supplying of the services again; or
the payment of the cost of having the services supplied again.

While WAN does its best to ensure the optimal performance of the Site, you agree that you use the Site and rely on material contained in the Site at your own risk.

Subject to the Implied Terms:

WAN does not warrant that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Content is accurate, complete or reliable.
You should make and rely on your own enquires before entering into any transaction on the basis of the Content of the Site.
You acknowledge that WAN, its parents and related parties together with their respective employees, agents, directors, officers and shareholders, are not liable for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the destruction, damage or unauthorised access to your computer system or Site.
You acknowledge that WAN is not liable for any defamatory, offensive or illegal conduct or material found in connection with the Site, including such conduct or material transmitted by any means by any other person.
You expressly acknowledge and agree that WAN does not exert control over users of the Site (including individuals referred to on the Site as guests and experts) and is not liable either for their opinions or their behaviour including any information, advice, defamatory statements or offensive conduct.

To the extent permissible by law, WAN will not be liable under these Terms for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

To the extent permissible by law, WAN’s maximum aggregate liability under these Terms whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount (if any) payable by you to us in respect of the product(s) in question.

We may transfer all or part of our rights and obligations under these Terms to our business partners or related bodies corporate. However, if assignment is likely to have a detrimental impact on you, and that impact is more than a minor impact, we will notify you about this.

You agree to indemnify and hold WAN harmless from and against any and all claims, proceedings, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ charges on an indemnity basis), including but not limited to claims against WAN alleging negligence, copyright infringement and/or trade mark infringement, relating to or arising out of your use of this Site or your breach of this agreement with you (as contained in these Terms).

These Terms are governed by the laws in force in Western Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Western Australia and any courts which may hear appeals form those courts.

Termination

The Terms of Use are effective until terminated by WAN. WAN may terminate this agreement, and/ or your access to the Site at any time without notice, including but not limited to, for breach of these Terms of Use. In the event of termination, you are no longer authorised to access the Site, but all restrictions imposed on you, licenses and waivers granted by you and all WAN disclaimers and limitations of liability set out in these Terms of Use (as amended) will survive.

Customer Service

If you have any questions relating to this Site you can contact us