Digital Subscription Terms and Conditions
Digital Subscription Terms and Conditions - SMH, AGE & AFR
Updated January 18, 2018
Digital Subscription Terms and Conditions - SMH, AGE & AFR
Updated January 18, 2018
1. About Digital Subscriptions
1.1. A digital subscription provides you with unlimited access to The Sydney Morning Herald, The Age or The Australian Financial Review websites, mobile and/or tablet editions.
1.2. In order to create or activate your digital subscription, you will be required to create and/or link your subscription to a Fairfax Digital Membership account. The login details associated with your digital membership and/or digital subscription including username and password must not be shared with any other person. Your login details may be used up to a maximum of six concurrent sessions.
1.3. If any misuse of your login details is detected or suspected by Fairfax (including the concurrent use of your login details and/or the use of your login details on more than the maximum allowable concurrent sessions), your subscription may be terminated and you will not be eligible for a refund. For more details visit Conditions.
1.4. For digital subscriptions that include a newspaper home delivery component, Clause 18 below also applies.
1.5. For more information, Frequently Asked Questions (FAQ), or to contact Fairfax Subscriber Services:
- Visit Fairfax Subscriber Services online; or
- Call us on 136666 (for The Age and The Sydney Morning Herald); or
- Call us on 1800 646 990 (for The Australian Financial Review); or
- Send an email to fairfaxcustomerqueries@fairfaxmedia.com.au
2. Processing and Payment
2.1. Fairfax will process your digital subscription purchase as promptly as possible. Your payment details must be verified before your subscription can be activated.
2.2. If your initial payment authorisation is revoked, your subscription will be terminated. We reserve the right to reject any subscription order at any time.
2.3. Digital subscriptions renew automatically unless you cancel according to our cancellation policy (see clause 10 below). Payment for digital subscriptions will be direct debited from your nominated financial institution or payment method. With the exception of Gift Subscriptions, all Fairfax media digital subscriptions automatically renew unless cancelled.
2.4. It is your responsibility to provide valid payment details, and ensure that your payment details are up to date. You can manage these online through http://www.smh.com.au/myaccount or http://www.theage.com.au/myaccount or https://subscribers.afr.com/support-centre/manage-billing-and-accounts/, or by calling 136666 (for The Age and The Sydney Morning Herald) or 1800 646 990 (for The Australian Financial Review)
2.5. If your payment method is invalid, or your payment is otherwise rejected, your subscription may automatically be cancelled and unlimited access revoked.
2.6. Unless specified otherwise in the Cancellation policy (see clause 10 below), all charges are non-refundable.
2.7. If for some unforeseen reason your complete access to our services is unavailable for a continuous period of more than 24 hours you may be eligible for a credit of a pro-rated amount for the period of the service outage. For avoidance of doubt if you are unable to access our services due to problems not related to Fairfax then you are not eligible for a refund or credit of any nature.
2.8. A 0.9% fee will be added to your monthly or annual subscription cost if you pay by MasterCard, Visa, or American Express card.
3. Pricing
3.1. When you purchase a digital subscription, you agree to pay the price stated at the time of your order. You also agree to the billing frequency specified at the time of your order.
3.2. Any discount eligibility is determined at the time of order. Discounts cannot be applied retrospectively. All prices are in Australian Dollars (AUD).
3.3. Fairfax reserves the right to change the prices and fees at any time. We will provide you with 14 days notice if the regular rate of a digital subscription changes from what was stated at the time of your order.
3.4. Price changes will take effect from your next billing date after the notice period. If you do not wish to continue your subscription at the revised price, you may cancel your subscription before the end of your current direct debit pay cycle. See clause 10 for Cancellation terms.
4. Third party fees and charges
4.1. If you have purchased your digital subscription indirectly through a third party (including but not limited to the Apple App Store and Google Play), these Terms and Conditions may not apply to you. Fairfax is not liable to you for any claims related to purchases made through third parties. Please contact the third party directly to address these claims.
4.2. When you use your digital subscription, you may incur other additional changes, such as telecommunications fees, data fees or service provider fees. You are responsible for paying any additional charges.
5. Promotions
5.1. Fairfax may at times offer special promotions and other offers. The specific terms and conditions of each offer will be stated at the time of the promotion and will apply in addition to these Digital Subscription Terms and Conditions. In the event of any inconsistency between the terms and conditions of a special offer and these Digital Subscription Terms and Conditions, these Digital Subscription Terms and Conditions will apply.
5.2. You may be required to provide your payment details when you sign up for a promotion. If this is a direct debit offer, your subscription will be automatically renewed after your initial payment at the standard subscription rate unless you cancel.
5.3. From time to time Fairfax offers promotional items with its digital & bundle subscriptions. From time to time and at its discretion, Fairfax will communicate with its subscribers about the availability of such items and how to redeem them.
5.4. From time to time Fairfax offers promotional pricing that will apply for the the term agreed when accepting that promotional offer. Pricing will automatically resume at your standard subscription rate unless you cancel.
5.5. All Fairfax Media digital subscriptions (excluding Gift Subscriptions) renew automatically at the end of their respective billing cycles (see clause 2.3). Any offer or discount provided to Fairfax Media subscribers will revert to the full, auto-renewal price of the subscription, unless the subscription is cancelled prior to the end of the discounted period.
6. Software products
6.1. When you purchase a digital subscription that includes The Age or SMH for iPad apps, your purchase and terms of use will also be subject to the Apple Terms of Service, available at Apple Terms and Conditions.
6.2. For more information, Frequently Asked Questions (FAQ), or to contact Fairfax Subscriber Services:
- Visit Fairfax Subscriber Services; or
- Call us on 136666 (for The Age and The Sydney Morning Herald); or
- Call us on 1800 646 990 (for The Australian Financial Review); or
- Send an email to fairfaxcustomerqueries@fairfaxmedia.com.au
7. Managing your Digital Subscription
7.1. You can manage your account and personal details online through http://www.smh.com.au/myaccount or http://www.theage.com.au/myaccount or https://subscribers.afr.com/support-centre/manage-billing-and-accounts/
7.2. You can upgrade or downgrade your subscription package as you need using My Account or by contacting our Subscriber Services team (see clause 1.5).
7.3. Upgrades will be billed from your next billing cycle, with access to digital products accessible immediately. If your upgrade option has a print component please allow a minimum of 3 days for your home delivery to be arranged.
7.4. Downgrades to a lower subscription package rate will take effect from your next billing cycle. If your current subscription has a print component the home delivery will cease on our commencement of your next billing cycle.
7.5. You can change your payment plan from monthly to annual in My Account. Your first annual payment will be charged on your next billing cycle date.
8. Modifying Subscriptions and Suspension Policy
8.1 Digital subscriptions cannot be suspended under any circumstances. If your subscription includes a home delivery component, you can suspend the delivery of the newspaper to your address for up to 180 continuous days, however the expiry date of your subscription will not be extended and you will not be entitled to any refund in respect of the suspension period. Delivery will not be made during any suspension period notified to Fairfax. Please allow a minimum of 3 working days for the suspension to be processed.
8.2 Subscribers must notify Fairfax Media directly to make any changes to their subscription, including, but not limited to, suspensions, cancellations, changes of email or delivery address, and any other changes to their subscription. You can suspend or change your details by:
- visiting Fairfax Subscriber Services; or
- contacting Customer Service on 136666 (for The Age and The Sydney Morning Herald); or
- contacting 1800 646 990 (for The Australian Financial Review).
8.3 Fairfax Media will not accept any responsibility for any claims, missed deliveries, unwanted deliveries, or unexpected payments that are the result of any request made by the subscriber to any newsagency, contractor, or any other third party.
8.4 If at any point you wish to have the Print Component of your subscription redirected to a new address within a deliverable area, you will need to contact Fairfax Subscriber Services (see clause 8.2 above). If the new delivery address falls within a deliverable area, it can be changed by giving Fairfax Media at least 5 business days' notice.
9. Digital Subscription Gift Packages
9.1. Fairfax Digital Subscription gift packages ("Gift Subscriptions") can be purchased by visiting our websites using a valid PayPal account or credit card. Fairfax retains the sole and unfettered discretion to accept or decline Gift Subscription purchase requests based on business requirements without the need to provide reasons.
9.2. By acquiring, redeeming or using a Gift Subscription, you agree to these Digital Subscription Terms and Conditions.
9.3. Gift Subscriptions must be paid for in advance. Gift Subscriptions are fixed subscription packages with a term of three, six or twelve months commencing on the date of redemption by the gift recipient, and are restricted to the subscription package type chosen by the person who purchases the gift subscription.At the end of the fixed term, the Gift Subscription will end.
9.4. Gift purchasers may opt to send a Gift Subscription notice to their chosen gift recipient on a date within three calendar months of the purchase date. Gift Subscriptions must be redeemed within three calendar months of the gift send date. Gift Subscriptions which are not redeemed within this timeframe will be automatically forfeited, and will not be redeemable after such date. The Gift Subscription purchase price is not refundable in any circumstances, including where the Gift Subscription is forfeited in the manner described in this paragraph.
9.5. No rights or benefits are conferred or accrue to a gift recipient unless and until the gift recipient redeems the gift and activates the Gift Subscription.
9.6. If your Gift Subscription has a home delivery component, you will need to provide your address details on gift redemption. It will take a minimum of 3 days for your address to be validated and arranged before your delivery will commence.
9.7. Gift Subscriptions are non-refundable to either the gift purchaser or the gift recipient. You can elect to manage or change the details of the name and email address of the recipient of your gift by visiting www.smh.com.au/myaccount or www.theage.com.au/myaccount.
9.8. It is your responsibility as a gift purchaser to ensure that the gift recipient's email address, name and details of the gift are correct and within a serviceable area where standard Fairfax home delivery exists, and no refunds will be provided for Gift Subscriptions purchased for out-of-area recipients. Please contact Fairfax Subscriber Services on 136666 for queries about this or other Gift Subscription queries. We will endeavour to advise of delivery issues or non-delivery of the gift via the contact details provided or captured at gift purchase and redemption.
10. Cancellations
10.1. You can cancel your Digital Subscription at any time by contacting Fairfax Subscriber Services using any of the following options:
- Visit Fairfax Subscriber Services; or
- Call us on 136666 (for The Age and The Sydney Morning Herald) or 1800 646 990 (for The Australian Financial Review); or
- Send an email that includes your full name and subscription number to fairfaxcustomerqueries@fairfaxmedia.com.au
10.2. Digital Subscriptions are non-refundable. You must notify us of cancellation at least 72 hours before your next billing date, otherwise we may not be able to stop your next payment from being deducted.
10.3. When you cancel, you cancel only future charges associated with your subscription. You may notify us of your intent to cancel at any time, but the cancellation will become effective at the end of your current billing period. You will continue to have the same access and benefits until the end of your current billing period. Your cancellation request must be made at least 72 hours before your next billing date otherwise we may not be able to stop your next payment being deducted.
10.4. If you cancel a subscription which auto-renews on a yearly basis, you may be entitled to a pro rata refund for the unused portion of your subscription, provided the next renewal date is not less than one month of your cancellation request being made.
10.5. Fairfax reserves the right to suspend or cancel your subscription at any time in its absolute discretion. In the event that Fairfax cancels your subscription, you will receive a pro-rata refund for the balance of the term on your Upfront Subscription, or if you pay by automatic direct debit every 28 days or month, Fairfax will refund your most recent subscription payment.
10.6 Fairfax Media will not accept any responsibility for any claims, unwanted deliveries, or unexpected payments that are the result of any request made by the subscriber to any newsagency, contractor, or any other third party.
11. Cooling off period for telemarketing
11.1. Print or Digital Subscriptions that are purchased via our Telemarketing Channels can be cancelled for any reason within 10 business days from and including the day after these Terms and Conditions have been sent to the subscriber.
11.2. Any Cancellation request made during the cooling off period must be made by contacting Fairfax Media in accordance with Clause 10.1 above.
12. Fairfax right to change digital products
12.1. Fairfax reserves the right to modify the content, inclusions, type and availability of any digital product at any time. In the event your subscription package changes, you will be given 14 days notification prior to when you would need to make a decision to cancel and not be affected. Your package change will automatically take place from your next billing cycle.
12.2. We reserve the right under special circumstances to enable free access to our subscriber content for a limited period of time. During this time subscribers will not be eligible for a refund.
12.3. If any or all of our digital products are temporarily unavailable, you will not automatically be entitled to receive a refund. We reserve the right to issues refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
13. Trial terms
If we grant you access to a free trial subscription and you do not cancel or opt out of the trial prior to the expiry of the term, you will automatically be converted to a paid subscription upon expiry of the term. You may only cancel or opt out of the trial by contacting Fairfax Media in accordance with Clause 10.1 above. Fairfax Media takes no responsibility for complying with any cancellation requests made outside of the scope stipulated in Clause 10.1.
14. Your Privacy
14.1. You agree that your name, address, email address, year of birth, postcode, gender and mobile/telephone number will be collected and stored by Fairfax and used for the purpose of managing your subscription, communicating with you about your subscription and to notify you of any associated customer offers or benefits or future subscriptions, unless otherwise notified by you.
14.2. Information on how we handle your personal information is explained in our Privacy Policy. You can obtain further information on the Fairfax Privacy Policy by visiting Privacy
15. Site Licence Products
15.1. Site licence products do not include access to any products or features that require a user to log-in using an individual user account, including but not limited to:
- smartphone or tablet apps from The Age, The Sydney Morning Herald or The Australian Financial Review;
- newsletters;
- customer loyalty programs of The Age, The Sydney Morning Herald or The Australian Financial Review;
- Markets Data from The Australian Financial Review;
- Promotions from The Age, The Sydney Morning Herald of The Australian Financial Review that require a customer to log-in using their subscription account;
- theage.com.au, smh.com.au or afr.com from outside of the corporate network associated with the relevant corporate account.
15.2. Use of site licence products may be monitored by Fairfax from time to time, including to verify that the number of personnel accessing a product does not exceed the number of people licenced for access.
16. Disclaimers
16.1. You agree that any errors you make in entering your contact information and order details are your responsibility and Fairfax is not liable for any consequences that may arise as a result of such errors or incorrect information, including but not limited to sending the subscription to the address as notified by you.
16.2. You agree that any errors made in entering your contact information and order details are your responsibility to report to Fairfax within 7 days of becoming aware of the error. Any reimbursement provided to you in relation to any claim you make as a result of such an error will take the form of an extension to your subscription expiry date by the number of days that your newspaper was not delivered, or a pro-rata discount on your next subscription payment, depending on the nature of your subscription.
16.3 To the extent permitted by law, Fairfax is not liable to you for any loss or damage incurred by you in connection with your subscription, whether direct, consequential, special, indirect or other loss or damage. In any event, Fairfax's maximum liability to you is limited to the value of the subscription fees paid within the previous twelve months.
17. Your Obligations
17.1. It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with a direct debit request, and to notify Fairfax and update your payment details accordingly if your details have changed since your last billing date.
17.2. For those with a home delivery component to their subscription, it is your responsibility to notify Fairfax if your newspaper is not being delivered.
17.3. If your subscription includes a delivery component, it is your responsibility to report to Fairfax if newspaper deliveries continue to be made and/or payments continue to be deducted, if you believe a cancellation should have been processed.
17.4. It is your responsibility to check your account statements to verify that the amounts debited from your account are correct and notify Fairfax if you believe you are being billed incorrectly.
17.5. Fairfax will not refund past subscription payments if a subscriber has failed to contact Fairfax directly to cancel their subscription.
17.6 Fairfax will not refund past subscription payments if a subscriber has failed to contact Fairfax directly to report unexpected payments on their account within three months of those payments being made.
17.7 Fairfax will not provide any credits or extensions to a subscription if a subscriber has failed to contact Fairfax directly to report non-delivery of their subscription within 7 days of the occurrence of the non-delivery. Any credits or refunds will be made as detailed by clause 2.9.
HOME DELIVERY TERMS FOR DIGITAL SUBSCRIPTIONS WITH A PRINT COMPONENT
18. About Print Subscriptions
18.1. Print Subscriptions to The Sydney Morning Herald, The Age, and The Australian Financial Review are valid where a normal home delivery service exists. Print subscriptions to The Age are valid in Victoria; to The Sydney Morning Herald and/or The Sun-Herald are valid in NSW, ACT and parts of South East Queensland; to The Australian Financial Review are valid in Australia. For information on the applicable delivery areas, please call Customer Service on 136666 (for The Age and The Sydney Morning Herald) or on 1800 646 990 (for The Australian Financial Review).
18.2. Delivery to addresses including (but not limited to) apartments, office buildings, and retirement and aged care facilities, are subject to delivery capability. A Print Subscription may be discontinued and the subscriber notified of the discontinuance where distribution services cease to be available, or the address is deemed to be a difficult delivery. If Fairfax Media discontinues a subscription as a result of delivery capability issues, we will offer a pro-rata refund of unused subscription fees for subscriptions paid a year or more in advance, or a refund of the last subscription fee paid for subscriptions that renew either monthly or every 28 days.
18.3. Subscribers of The Age, The Sydney Morning Herald, The Sun-Herald, or The Australian Financial Review in non metro areas may not receive various inserts and magazines that may be included in Metro areas.
18.4. From time to time, Fairfax Media may offer promotional items with its newspapers. Fairfax does not guarantee that newspapers delivered to Subscribers will include these items. At Fairfax's sole discretion the items may be available for collection at a newsagency or Fairfax's offices and will communicate with its Subscribers about the availability of such items and the redemption process.
18.5. Fairfax will process the Print Component of your subscription as promptly as possible. This may take up to 7 days after your subscription has been activated.
18.6 When you notify Fairfax Media of a non-delivery of your newspaper, Fairfax Media will credit your subscription for the day or days that your newspaper was not delivered. Depending on the nature of your subscription, this will take the form of an extension to your subscription expiry date by the number of days that your newspaper was not delivered, or a pro-rata discount on your next subscription payment.
19. Additional Terms Applicable to ASIC Search Service
19.1 This clauses applies to subscribers of The Australian Financial Review with access to the ASIC Search Service.
19.2 You agree to us providing your customer details to ASIC as required. ASIC (or its agent) may use your customer information to contact you for the purpose of sending you information that you have requested and for evaluating the ASIC service. Fairfax will not be responsible for the use of your customer information by ASIC.
19.3 Fairfax will provide support in relation to the service during standard business hours. Users should direct all service enquiries to Fairfax, and not to ASIC.
19.4 You must ensure that your ASIC Search Service username and password remain secure and confidential. You are entirely responsible for all use, activities and charges associated with or arising from any use of your username and password (regardless of whether you authorised such use), including unauthorised use of your or any other credit card. You must notify Fairfax immediately if you become aware of any unauthorised use of your username and password.
19.5 You acknowledge and agree the following in relation to the ASIC Search facility available on afr.com:
(a) The Search Extracts contained in the ASIC System and ASIC Registers are based on information provided to ASIC by third parties;
(b) ASIC has not verified the accuracy, currency, reliability or completeness of the Search Extracts and makes no representation or warranty as to their accuracy, currency or reliability;
(c) ASIC will have no liability to any persons for any inaccuracy, omission, defect or error in the Test Database, ASIC System or ASIC Registers.
19.6 Service charges are non-refundable. Fairfax reserves the right to amend the charges for the service, or introduce new charges, from time to time without providing prior notice to you. If you object to any such change, your only remedy is to cease using the service. If you continue to use the service, you will be deemed to have accepted the change.
19.7 Unless you notify us otherwise, service charges will be billed automatically to the credit card you provide when registering for the service. You must notify us if your billing details change at any time.
19.8 If your subscription is a corporate or enterprise subscription package, you may acquire ASIC Search Services on account. You agree and acknowledge that such acquisitions are the responsibility of the subscriber, who agrees to pay all ASIC Search Service charges invoiced by Fairfax.
19.9 Fairfax shall itemise all monthly ASIC Search Service fees incurred by subscribers under corporate or enterprise subscriptions, and shall invoice the subscriber monthly for such fees. Payment terms are as detailed on the invoice.
19.10 Unless stated otherwise, charges are quoted GST inclusive. Where GST applies, Fairfax will deduct the GST it incurs from each payment and issue you with a tax invoice.
19.11 You may cancel your registration to the ASIC Search Service at any time by calling customer service on 1800 646 990.
19.12 Fairfax may immediately cancel your service, without notice or liability (including for any refund or credit to you), if we determine, acting reasonably, that: (i) you have breached any portion of the above terms and conditions or (ii) your use of or access to the service otherwise violates any applicable law or regulation.
20. Additional Terms Applicable to Subscriptions Including Access to inkl Premium
20.1 This clause applies to subscribers of The Age and Sydney Morning Herald with included access to inkl as part of a limited time marketing offer.
20.2 You are required to create an account with inkl to activate your subscription to this service.
20.3 You will be required to provide your personal details, including but not limited to your email address.
20.4 Your subscription with inkl is dependent on a continuing subscription with The Age or Sydney Morning Herald.
20.5 Cancelling your subscription with The Age or Sydney Morning Herald will result in the cancellation of your subscription with inkl.
20.6 This offer is provided at the discretion of Fairfax Media and Fairfax Media reserves the right to discontinue it at any time.
21. General
21.1 You agree that all subscriptions provided, benefits accepted or offers made by Fairfax shall be deemed to be provided in Australia, notwithstanding your location, and the terms of such subscriptions, benefits and offers shall be governed exclusively by New South Wales law, and the Courts of New South Wales shall have exclusive jurisdiction to determine any such matters that may arise involving or alleged to involve Fairfax.
21.2 To the extent applicable, the Fairfax General Conditions of Use also apply to use of the Fairfax Network by subscribers. Please visit Conditions.
21.3 You acknowledge that these Digital Subscription Terms and Conditions may be modified by Fairfax from time to time, including but not limited to terms relating to fees and charges, cancellation and modifying your subscription.
21.4 You will be notified of any changes to these Subscriptions Terms and Conditions by Fairfax on Fairfax's Subscriber Services Support webpage. Please visit Support.
21.5 You can also find these Terms and Conditions on our websites:
- For Home Delivery & Today's Paper subscription Terms and Conditions please visit: SMH Home Delivery Terms The Age Home Delivery Terms The Australian Financial Review Home Delivery Terms;
- For All Digital Access & Digital Subscriptions please visit:
SMH Digital Subscription Terms
The Age Digital Subscription Terms
The Australian Financial Review Digital Subscription Terms
21.6 You acknowledge and agree that you are entitled to purchase a subscription from Fairfax for personal use only. You agree and acknowledge that subscriptions cannot be exploited for any commercial purpose, including on-selling your subscription to any third party. Despite this, Fairfax may, at its sole discretion, offer multiple copy subscriptions to certain organisations. Such corporate subscriptions can be arranged by visiting the Corporate Subscriptions site.
22. Definitions
22.1 "Fairfax Media", "Fairfax", "we" or "us" means Fairfax Media Publications Pty Limited, publisher of The Sydney Morning Herald, The Sun-Herald and The Australian Financial Review, and The Age Company Pty Limited, the publisher of The Age.
22.2 "Subscriber", "Customer" or "You" means a person who is a subscriber to The Sydney Morning Herald and/or The Sun-Herald or The Age or The Australian Financial Review.
22.3 A "Print Subscription" or "Home Delivery Subscription" or "Digital Subscription" means a standard fully paid subscription to The Sydney Morning Herald, Sun-Herald or The Age or The Australian Financial Review taken up directly with Fairfax, and for which these terms and conditions apply. A Print/Home Delivery Subscription includes all parts and sections of the publication deemed part of the publication for home delivery in your area; this may change from time to time in accordance with Fairfax's reasonable logistics and operational requirements.
22.4 A "Today's Paper Subscription" means a paid subscription to The Sydney Morning Herald or The Age Today's Paper product - formerly the Digital Edition Newspaper Replica.
22.5 "All Digital Access" refers to unlimited access to the website, mobile edition, and tablet edition of the particular publication you have subscribed to.
22.6 "Gift Subscription" refers to fixed subscription packages to The Sydney Morning Herald/The Age website, mobile and/or tablet editions with a term of three, six or twelve months commencing on the date of redemption by the gift recipient, and are restricted to the subscription package type chosen by the person who purchases the gift subscription.