SUBSCRIPTION Terms AND CONDITIONS

These 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 contained on our Websites or in our Publications.

“Publications” refers to those publications that are owned and operated by us, including those described in section 10 (Your First Issue). 

“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. 

“Related Entity” is given its meaning in the Corporations Act 2001 (Cth). 

“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 YOUR SCHWARTZ MEDIA ACCOUNT

1.1 Prior to placing an order for a subscription you must complete the registration process of creating a Schwartz Media account (“your account”).

1.2 All information disclosed by you, in registering your account will be used and held in accordance with our Privacy Policy which can be found at schwartzmedia.com.au/privacy-policy.

1.3 By registering an account you agree to our Terms and in particular you agree:

1.3.1 you will be the sole holder of your Schwartz Media account; 

1.3.2 your account is non-transferable;

1.3.3 you are solely responsible for the use and maintenance of your account;

1.3.4 you must not hold more than one Schwartz Media account at any one time;

1.3.5 you may not disclose your password to anyone, or allow other people to use your account and you acknowledge that by disclosing your password or allowing another person to use your account, may compromise your account, which may cause a disruption to your service; and 

1.3.6 to notify us, if you believe that your account has been compromised.

1.4 You acknowledge that in the event that we believe that you have breached these Terms, we may at our sole discretion terminate or suspend your account with us, and you will not be entitled to a refund.

2. DIGITAL ACCESS SUBSCRIPTIONS

2.1 Where indicated, our subscription for Digital Access products grant you access to the full catalogue of our Publications in digital form. 

2.2 You may access this content on the relevant Publication’s Website or app (a publication may have one or both). 

2.3 At the end of your subscription, if you choose not to renew, you will lose access to the Publication’s catalogue, and will need to subscribe again in order to regain your access.

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

3. PRINT DELIVERY SUBSCRIPTIONS

3.1 Depending on the publication, delivery of the print editions may be managed by us, a contracted delivery agent or a third party. 

3.2 Upon receipt of your subscription we will do our best to ensure we can deliver you the print issue.

3.3 In the event that we cannot arrange delivery, we will try to contact you by email or phone to arrange an alternative. You will be given the choice to:

• switch to a digital-only subscription and extend your subscription length appropriate to the amount you paid;
• take up a subscription to a related publication; or
• receive a full refund.

3.4 If you believe your subscription is not being delivered please notify us immediately. 

3.5 Please notify us if subscription deliveries continue to be made and/or payments continue to be deducted if you believe a cancellation should have been processed.

3.6 Please check your account statements to verify that the amounts debited from your account are correct and notify us if you believe you are being billed incorrectly

3.7 Please note that we have the right to refuse to refund past subscription payments if you have failed to contact us directly to cancel, or to report unexpected payments or non-delivery.

4  PRICING, PAYMENT AND AUTO-RENEWING SUBSCRIPTIONS

4.1 By purchasing a subscription, you agree to the price stated at your time of order and also the billing frequency stated at the time of your order. 

4.2 Prices for subscriptions are in Australian dollars and are GST-inclusive. 

4.3 When you purchase a subscription we will endeavour to process your subscription as soon as possible.

4.4 Please note that all payments are made in advance and we accept payment through Visa, MasterCard or American Express. It is your responsibility to provide valid payment details, and ensure that your payment details are up to date. 

4.5 You will be given the option to make your subscription automatically renewable at the time of purchase. In this case, your subscription will automatically renew until you notify us to stop.

4.6. For auto-renewing subscriptions you must either: 

• provide valid payment details which can be direct debited at time of the renewal; or 
• prior to the renewal contact us directly to make payment. 

In the event that your payment details are invalid or you do not contact us prior to the renewal, your subscription will be revoked and you will no longer have access the full catalogue of the subscribed publication in digital form or have you subscription delivered.  

4.7 To notify us to stop the renewal you can do so via the account dashboard or by contacting us..

4.8 Prior to the end of your subscription period, we will send you a reminder notice that will indicate the renewal price. If you do not notify us to stop the renewal, your credit or debit card will automatically be charged for the same period. By purchasing a subscription that automatically renews, you agree and authorise us to debit your account. This authority will remain valid until you notify us to cancel your subscription.

5 CHARGES ON YOUR STATEMENT

5.1 When you provide us with, or update, your credit or debit card information, your statement may show a $0 or $1 authorisation that is placed on your account by our payment processor for card verification purposes. This authorisation will be removed from your account immediately after your card has been verified, however your bank may take anywhere between a few minutes to a few weeks to process the removal.

6 STORAGE OF YOUR DETAILS

6.1 Your personal information is transmitted via an encrypted connection and stored by Schwartz Media. Please see our privacy policy for more details.

6.2 Your credit or debit card information is stored by our payment processor (Stripe Payments Australia Pty Ltd ACN 160 180 343) so that we can process your subscription and renewal payments.

6.3  Your details will be transmitted to our payment processor via Payment Card Industry Data Security Standards (PCI-DSS) compliant protocols. Our payment processor is responsible for protecting the security of credit or debit card details stored on their servers, and will take reasonable steps to protect your personal information from unauthorised access and accidental loss or modification.

7 LIABILITY & INDEMNITY

7.1 To the fullest extent permitted by law (including the Australian Consumer Law or “ACL”), we exclude all other rights, remedies, guarantees, conditions and warranties in respect of your access to our Publications (whether they are through our Websites or in hard copy form) and any membership or subscription that you may have to our Publications whether based in statute, common law or otherwise to the extent permitted by law. Subject to the ACL and to the fullest extent permitted by law:

7.1.1 we disclaim all liability in relation to any loss or damage that you incur arising from your access or use of our Websites (including any software or hardware damage that you may suffer) or your subscription or membership to our Publications; 

7.1.2 we take no responsibility and disclaim all liability with respect to the accuracy of the Content contained in our Publications on our Websites; 

7.1.3 you warrant that any information you have provided to us (including the Registration Data) is true and correct and we disclaim all liability for any loss or damage that you may suffer or incur in the event of incorrect or incomplete Registration Data having been supplied, including (without limitation) sending the Publications to the address as notified by you; 

7.1.4 you acknowledge that we control all of the Content both on our Websites and in our Publications and that such Content may be changed at our absolute discretion without providing you with notice. If, however, our changes to the Content result in a material change to your subscription, we will take reasonable steps to notify you of the same; and

7.1.5 you indemnify us and each of our directors, officers, employees and agents against any action, claim, loss or expense which we incur which arises from or in connection with your access or use of our Websites (including any software or hardware damage that you may suffer) or your subscription or membership to our Publications.  

7.2 To the extent that our liability for breach of any implied warranty or condition cannot be excluded at law, our liability will be limited, at our option, to:

1. in the case of services supplied or offered by us:
   1. the re-supply of those services; or
   2. the payment of the cost of having those services re-supplied; and
2. in the case of goods supplied or offered by us:
   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 having the goods replaced; or 
   4. the payment of the cost of having the goods repaired.

7.3 In relation to any express warranty or condition set out in these Terms in connection with goods or services supplied or offered by us or any of our Related Entities, our liability shall be limited to the amount paid by you for your subscription to our Publications. 

7.4 To the fullest extent permitted by law, we are not liable to you for any indirect, consequential, special or incidental loss or damages of any kind including loss of revenue, loss of profits, failure to realise expected profits or savings, overhead costs or other economic losses, in contract, tort (including negligence) under any statute otherwise arising out of or in any way connected to these Terms or your subscription to our Publications. 

8 PRIVACY

8.1 Schwartz Media and our related entities are collecting your personal information for the purpose of administering your subscription and understanding our audiences. We will otherwise handle your personal information in accordance with our Privacy Policy which is available on our website [insert link] (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). 

8.2 By providing your personal information below, you agree to the terms of the Privacy Policy. 

8.3 Without limiting the foregoing, we may disclose your personal information to our related entities, business partners and external service providers for research and profiling purposes as well as other purposes reasonably related to your relationship with us. 

8.4 By subscribing to this publication, you consent to us using your personal information for the purpose of our and our related entities sending you information regarding programs, products and services available through such entities and/ or their business partners, and to us 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.

9 CANCELLING YOUR SUBSCRIPTION

You may cancel your subscription at any time and receive a pro-rata refund for the remainder of your subscription period. To cancel your subscription, please contact us.

10 YOUR FIRST ISSUE

10.1 Our publications publish on a regular cycle as follows:

• The Saturday Paper, weekly – 48 times a year
  • not published from the weekend following Christmas until the Australia Day weekend
• The Monthly, monthly – 11 times a year
  • not published in January
• Quarterly Essay, quarterly – four times a year

10.2 Depending on when you subscribe, you may receive your first issue almost immediately or you may need to wait until the next dispatch.

10.3 It is acknowledged that for The Saturday Paper, it may take ten to fourteen (14) business days before you receive your first issue. 

10.4 If you are unsure when you will receive your first issue, please contact us.

11 INSTITUTIONAL ACCESS

  We do not offer institutional access to any of our publications at this time.

12 RENEWALS

12.1 Renewals can be processed online or over the phone by contacting our subscriptions team.

13 SUBSCRIPTION LENGTH

13.1 If you purchase a subscription equal to or greater than 12 months, you will receive all the issues published during that period. 

13.2 If you purchase a subscription of less than 12 months, your subscription will be automatically extended if your subscription falls during a non-publishing period such that you receive the correct amount of issues for your subscription. For example if you subscribe to the Monthly, which publishes every month except January, and your six-month subscription falls over January, your subscription will be extended by one month automatically.

14 SUSPENSIONS

14.1 You can suspend your subscription to halt deliveries for a period of time. During this time you may lose digital access to your subscription as well.

14.2 Subscriptions to the Monthly and Quarterly Essay cannot be suspended for longer than three months. Subscriptions to The Saturday Paper cannot be suspended for longer than five weeks due to the nature of how they are delivered. If you require a suspension beyond these periods, please contact us.

14.3 We reserve the right to suspend or cancel your subscription at any time in our absolute discretion, provided that we will give you notice of such suspension or cancellation. In the event that we cancel your subscription, you will receive a pro-rata refund for the outstanding portion of your subscription.

15 BILLING

  All subscriptions for all of our publications are processed by Schwartz Media or another related entity, and will show up on your statement as a payment to The Monthly Pty Ltd. This may change in the future.

16 THIRD-PARTY SUBSCRIPTIONS

16.1 Our apps offer the ability to subscribe to our publications through third-party stores. Such third parties include the Apple App Store and Google Play Store. Subscriptions purchased through these stores renew automatically, and must be cancelled at least 24 hours prior to the renewal date.

16.2 You can cancel a third-party subscription by:

• following these instructions for the Apple App Store https://support.apple.com/en-au/HT202039
• or by following these instructions for the Google Play Store https://support.google.com/googleplay/answer/2476088?hl=en-AU

16.3 Currently, third-party subscriptions do not include access to the publication websites, and only include access to the back catalogue available in the apps. If you have a third-party subscription and would like access to the publication websites, please contact us.

16.4 Billing and refunds for these stores are handled by the respective stores, and we will do our best to assist you in the event of a dispute or refund, but we have no control over the ability to issue refunds through these stores.

16.5 If you are not satisfied with the help you receive from these stores, please contact us and we will do our best to resolve the situation.

16.6 If you have purchased your digital subscription through a third party (not directly through Schwartz Media), then the third party’s terms and conditions of service will apply to you.  

16.7 To the extent permitted by law, we will not be liable to you for any claims related to purchases made through third parties. Please contact the third party directly to address these claims. 

This policy was last updated on 15 November 2016.