Terms and Conditions


website Terms and conditions

These Website Terms and Conditions, together with the Schwartz Media Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on Schwartz Media publications (“Terms”) govern your access to the Websites and your subscriptions (if any) to those publications which are owned and operated by Schwartz Media Pty Ltd (ACN 138 337 023), The Monthly Pty Ltd as trustee for The Monthly Trust (ACN 115 618 016), The Saturday Paper Pty Ltd ATF The Liberty 2701 Trust (ACN 165 672 579) and Schwartz Publishing Pty Ltd ATF The Schwartz Publishing Trust (ACN 093 884 612).  In these Terms, we will refer to Schwartz Media Pty Ltd (ACN 138 337 023) and any of our Related Entities (including the entities referred to above) collectively as “Schwartz Media”, “us”, “we”, or “our”.

By using the Websites you acknowledge and agree that you have read and understand the Terms and you agree to be bound by them. Continued use of our Websites indicates your continued acceptance of these Terms. 

Please note that we may change these Terms at any time at our discretion or otherwise as required by law. You should regularly check our Websites to ensure that you are aware of the current terms.

For the purposes of these Terms:

“Content” means any and all text, artwork, drawings, audio and visual materials, software, graphic user interface design, other copyright works, trade marks, or intellectual property.

“Registration Data” means any information provided by you to us in in connection with your use of the Websites, including but not limited to name, date of birth, contact details, and billing information. 

“Websites” includes any or all of the websites located at themonthly.com.au; thesaturdaypaper.com.au; quarterlyessay.com.au (as the context requires) and includes any Content, applications and related digital properties contained on the same. 

 

1. LICENCE TO USE WEBSITES

1.1 We grant you a non-exclusive, non-transferable licence to use the Websites in accordance with these Terms.

1.2 You must not add any Content to the Websites:

  • unless you hold all necessary rights, permissions, licences and consents to do so;
  • that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
  • that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; 
  • that would bring us, or the Website, into disrepute; or
  • that infringes the intellectual property rights or other rights of any person or entity.

1.3 We reserve the right at our sole discretion to remove or modify any Content added by you to the Websites at any time. 

1.4 The Websites contain links to other websites not operated by us, as well as Content added by people and/or entities other than us. We do not endorse, sponsor or approve any such user generated Content or any Content available on any third party website. 

1.5 You may share and embed links from our Websites on third party websites however we wholly reserve the right to remove and/or to request the removal of any such links at our sole discretion. 

1.6 Except as expressly permitted by these Terms, any:

  • modification or other use;
  • sale;
  • redistribution in any form or medium

of the Content is prohibited without the prior written permission of us. 

1.7 You acknowledge and agree that: 

  • we retain complete editorial control over the Websites and may alter, amend or cease the operation of the Websites at any time in our sole discretion; and
  • while we make every effort to operate the Websites on a continuous basis, and may be unavailable from time to time (including for maintenance purposes). 

 

2. INTELLECTUAL PROPERTY AND USER CONTENT

2.1 You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Websites. Nothing in these Terms constitutes a transfer of any intellectual property rights from us to you.

2.2 The Content contained on our Websites is subject to Australian and international copyright and intellectual property laws. Subject to the provisions of those laws, you must not copy, alter, adapt, reproduce, re-transmit or otherwise deal with our Content without our express permission. 

2.3 By posting or adding any Content onto the Website, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that Content in any way (including, without limitation, by reproducing, changing, and communicating the Content to the public) and permit us to authorise any other person to do the same thing. This licence will survive any termination of these Terms.

2.4 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any Content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

2.5 You represent and warrant to us that you have all necessary rights in respect of any Content which you post or otherwise contribute to our Websites to grant the licences and consents set out in this clause.

2.6 You acknowledge that the views expressed in Content provided by you and other users do not necessarily reflect the views of Schwartz Media, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on our Websites.

 

3. THIRD PARTY ADVERTISING AND MATERIALS

3.1 Our Websites may feature or display advertising for third parties. This does not constitute an endorsement by us of any third party products, services or other materials appearing in such advertising. 

3.2 Our Websites may contain links to websites operated by third parties. We do not control these websites and do not accept any responsibility for any loss or damage which you may suffer as a result of using these third party websites.  

 

4. DATA PROVIDED BY YOU

4.1 To access certain parts of our Websites, we may request that you provide us with certain Registration Data. 

4.2 In the event that you provide Registration Data to us, you represent and warrant to us that the Registration Data provided is true, complete, accurate and up to date, and you undertake to maintain the verity, completeness and accuracy of your Registration Data as necessary and/or as required by us. 

4.3 If you do provide us with Registration Data: 

  • we will use your Registration Data and any other personal information provided by you to us in accordance with our Privacy Policy, which you can view at schwartzmedia.com.au/privacy-policy;
  • you may receive emails from us confirming the details of your registration, and providing you with necessary information relating to your access and use of the Website;
  • from time to time we may e-mail you with messages about our services or third party products and services we believe may be of interest to you, such as new products, features, services, special offers and updated information. You will have the opportunity to unsubscribe from these emails in accordance with applicable legislation. These emails may contain code that enables our database to track your usage of the newsletters, including whether the e-mail was opened and/or what links (if any) were clicked. We may combine that information with other information we have about you and may use that information to improve your site experience and/or provide customized e-mail communications to you.

 

5. MOBILE APPS

To the fullest extent possible and wherever relevant, these Terms shall also govern your use of any mobile applications published by us (“Apps”) and downloaded by you. Where the context requires or otherwise permits, the word “Websites” shall be substituted with the word “Apps” in respect of the application of these Terms to your usage of our Apps. 

 

6. LIMITATION OF LIABILITY

6.1 To the fullest extent permitted by law, we exclude all liability for any direct or indirect damages in respect to any:

  • loss of data;
  • bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Website by any third party;
  • errors, mistakes or inaccuracies of Content or information provided by you (including order details) , including but not limited to sending subscription to the address as notified by you;
  • personal injury or property damage, of any nature whatsoever, resulting from access to and use of our Websites;
  • any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
  • interruption of business or any consequential or incidental damages.

6.2 To the fullest extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms. In particular we do not make any representations or warranties as to the reliability, accuracy or completeness of the Content on our Websites, nor do we accept any responsibility arising in any way from errors or omissions.

6.3 These Terms are to be read subject to any legislation, including the Australian Consumer Law, which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:

  • in the case of goods:
    1. the replacement of the goods or the supply of equivalent goods;
    2. the repair of the goods;
    3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
    4. the payment of having the goods repaired, and
  • in the case of services:
    1. the supply of the services again; or
    2. the payment of the cost of having the services supplied again. 

 

7. CAPACITY

7.1 You represent and warrant to us as follows: 

  • You have the legal capacity to enter these Terms;
  • You are of at least eighteen (18) years of age; or alternatively you have permission from your parent(s) or legal guardian(s) to use the Websites.

 

8. INDEMNITY

8.1 You agree to indemnify and hold us, our officers, directors, shareholders, employees and agents (each an “Indemnified Party”) harmless from and against all costs, damages, loss or expenses incurred by an Indemnified Party due to or arising out of or in connection with your use of the Websites and/or any breach or non-performance of any of your agreements, representations, undertakings and warranties in these Terms.

 

9. GENERAL

9.1 If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

9.2 Other than as expressly set out in these Terms, no party has relied on any representation made by or on behalf of the other.

9.3 Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right of Schwartz Media.

9.4 These Terms are governed by the laws of Victoria, Australia and each party submits to the exclusive jurisdiction of the state and federal courts located in Melbourne, Victoria.

 

This policy was last updated on 15 November 2016.