SUBSCRIPTION TERMS

By entering into these Subscription Terms, you acknowledge and agree that:

(a) the Services, including any content stored within or delivered via the Services (Content), are intended for your personal, non-commercial use only; and

(b) you are solely responsible for all actions or omissions undertaken by you, or any third party making use of your account, in connection with the Services.

Your subscription starts when you enter into these Subscription Terms and will continue until your subscription is terminated in accordance with these Subscription Terms.

3.1 Ownership. You agree that all copyright and other intellectual property rights in the Services and Content are owned by Gazette or its third-party licensors, unless the Content is user-generated content (UGC), in which case copyright and other intellectual property rights in the UGC will subsist in the user who created that UGC.

3.2 Licence grant. During the term of your subscription, you may use the Services and view the Content using your web browser and electronically copy and print hard copies of parts of the Content for your personal, non-commercial use only.

3.3 Content Use. You must:

(a) not use the Content otherwise than in accordance with these terms;

(b) not systematically download or ‘scrape’ the Content from the Services;

(c) comply with Gazette’s reasonable directions from time to time in relation to use of the Content;

(d) not alter, delete or interfere with any copyright or trademark notice which appears as part of the Content;

(e) not use the Services or Content for any commercial purpose;

(f) not use the Services or Content for any illegal, fraudulent or offensive purpose; and

(g) not authorise or otherwise permit use of the Services (or any part of it) by any other person not licensed to use the Services or Content under these Subscription Terms.

3.4 User-generated content (UGC). If you provide us with UGC that you have created, then you agree that you are 18 years or over, and we can use your UGC in the delivery of our Services on the following terms:

(a) the UGC must not:

(i) be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another’s privacy; or

(ii) promote discrimination, hatred, or violence against individuals or groups based on race, religion, gender, nationality, disability, sexual orientation, or age;

(iii) glorify or incite self-harm, suicide, or illegal drug use;

(iv) include any sexually explicit, pornographic, or indecent content;

(v) be deceptive, fraudulent, or intended to mislead or cause harm (including phishing, scamming, or impersonation);

(vi) spread spam, unsolicited commercial messages, or malware; or

(vii) contain or link to material that is inappropriate for minors or otherwise violates applicable content rating standards;

(viii) violate or infringe the intellectual property rights of any third party or any laws or regulations.

(b) you must disclose any commercial connections or interests you may have that relate to the UGC, including if you are an employee, supplier, paid blogger or influencer, or recipient of free products;

(c) you consent to us using your UGC without any payment to you, for as long as we elect to do so unless you contact us and withdraw your consent in writing;

(d) you agree that we can publish your UGC in any way without your approval;

(e) you consent to us changing the UGC in any way without your approval, for example, through editing the length of your content to make it suitable for our Services;

(f) you agree that you will not assert that your moral rights (or any equivalent rights) have been infringed by us and agree not to bring any claim against us in relation to our use of the UGC in accordance with these terms;

(g) you acknowledge that we have no control over the UGC beyond its collection, storage, transmission, and publication; and

(h) you will contact us by email if you no longer approve of the use of your UGC at privacy@gazettenews.au.

3.5 Access. Once you have subscribed to the Services:

(a) Gazette will provide you with access to the Services;

(b) you will receive access to the then-current version of the Content.

3.6 Your user account. You are responsible for the security of your user account (including any usernames, passwords, or other authentication requirements) required to access the Services and Content, and must keep your access credentials confidential and secure at all times. Gazette may, at its discretion from time to time, implement additional authentication or verification requirements for your user account in order for you to access the Services.

4.1 To the extent that you acquire goods or services from us as a 'consumer' (as that term is defined in section 3 of the Competition and Consumer Act 2010 (Cth)), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted, or modified by agreement. Nothing in these Website Terms operates to exclude, restrict, or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred by the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other statute where to do so would contravene that statute or cause any term of these Website Terms to be void (Non-excludable Obligations).

4.2 Except in relation to the Non-excludable Obligations, and otherwise to the extent permitted by law:

(a) we exclude all liability to you for any indirect, consequential, or special loss, damage, cost, or expense incurred by or awarded against you arising from or in connection with your use of the Services (including any inability to use the Services) or any Content contained on the Services, whether or not caused by our negligence;

(b) subject to paragraph (a), where a supply under these Subscription Terms is a supply other than a supply for personal, domestic, or household use or consumption, our total liability to you arising from or in connection with the use of the Services (including any inability to use the Services), or any Content contained on the Services, whether or not caused by our negligence, is limited (where it is fair and reasonable for us to do so) to the resupply of the relevant Services or Content;

(c) subject to paragraphs (a) and (b), our total liability to you arising from or in connection with the use of the Services (including any inability to use the Services), or any Content contained on the Services, whether or not caused by our negligence, is otherwise limited to AUD$50,000, except that the limitation of liability under paragraph (c) does not apply in relation to liability for fraud or wilful misconduct.

We may collect, use, and store your personal information in accordance with these Subscription Terms, our Website Terms available HERE, and our Privacy Policy available HERE, including for the purposes of making available the Services, complying with our legal obligations, and improving users’ experience of the Services.

6.1 Your right to terminate without cause. You may terminate these Subscription Terms at any time via the unsubscribe functionality within the Services or by notifying us in writing at the details below:

Sean Dillon

Director of Audience Growth

Spaces Level 16 and 17

1 Denison Street

North Sydney NSW 2060

privacy@gazettenews.au

6.2 Our right to terminate without cause. We may terminate these Subscription Terms, without cause, by giving you not less than 30 days' notice of such termination.

6.3 Suspension by Gazette for cause. We may suspend your access to the Services at any time if you breach any aspect of these Subscription Terms.

6.4 Termination by Gazette for cause. We may terminate these Subscription Terms for cause if you breach any aspect of these Subscription Terms and (where the breach is remediable) fail to remedy that breach within 5 business days of receiving a notice from us requiring you to do so.

6.5 Consequences of termination. On termination of these Subscription Terms for any reason, your right to access the Services and Content immediately terminates, and you must cease accessing the Services and the Content. If you have provided us with UGC, it will remain part of our Services unless you request that we remove it in accordance with section 3.4 above.

7.1 Force majeure. Neither party is liable for any failure to perform or delay in performing its obligations under these Subscription Terms if that failure or delay is due to anything beyond that party’s reasonable control. If that failure or delay exceeds 60 days, either party may terminate these Subscription Terms with immediate effect by giving notice to the other party.

7.2 Governing law. These Subscription Terms are governed by the laws of the State of Victoria, Australia, and the parties submit irrevocably and unconditionally to the non-exclusive jurisdiction of the courts of that State.

7.3 Assignment. You may not assign your rights under these Subscription Terms or attempt or purport to do so.

7.4 Entire agreement. These Subscription Terms comprise the entire agreement between the parties with respect to their subject matter and supersede all prior agreements and understandings between the parties in connection with that subject matter.

7.5 Changes to the Services. We may change or update the Services and/or Content from time to time to reflect changes in our users’ needs, changes in law, our business practices, or any other reason. Without limiting section 6.2, we may suspend, withdraw, or restrict the availability of any part of the Services for business, operational, or other reasons.

8.1 Gazette may vary these Subscription Terms. We reserve the right to revise and amend these Subscription Terms at our discretion, as follows:

(a) if we consider that the change is likely to benefit you or have a neutral or minor detrimental impact on you, we may make any changes immediately without notifying you except by publishing the amended terms (or a link to the amended terms) on the Services; or

(b) if we consider that the change is likely to have a significant detrimental impact on you, we will make the change after we have notified you of the change by email, to the email address you provided to us on subscribing.

8.2 Deemed agreement to variation. Your continued use of the Services after an amendment will mean that you agree to that amendment. You must stop using the Services if you do not agree to an amendment.

Dated: November, 2024