Terms & Conditions

TERMS OF USE

Application of Terms

These Terms of Use comprise a legal agreement between you (You) and The New Daily Pty Ltd (ACN 153137243) and its affiliated entities and related bodies corporate (The New Daily) in relation to your access to and use of The New Daily website at the domain name www.thenewdaily.com.au (Website) and any subscription or online services offered by The New Daily (Services).

Unless otherwise expressly indicated, The New Daily is the owner of all intellectual property rights, including copyright, comprised in and associated with the Website and Services, including the information, graphics, text and other materials contained on the Website and in any email communications (Material), and reserves all of its rights in respect of the Website, the Services and the Material. Your use of the Material, the Website and the Services is governed by these Terms of Use.

In addition to the terms contained in these Terms of Use, there are also separate, specific terms which are incorporated into, and form part of, these Terms of Use and govern your use of the Website and Services. These include, but are not limited to The New Daily’s Privacy Policy, Security Statement and Advertising Terms and Conditions.  Since you are also bound by these additional terms, you should review them wherever they are accessible by you on the Website.

The New Daily makes no representations as to the availability of the Website and Services.  You agree that The New Daily bears no responsibility for the Website and/or Services being unavailable for any reason, whether technical or otherwise.  The New Daily may cease to operate the Website and/or Services at any time.

By using the Website and Services, you affirm that you are 18 years or over or otherwise possess legal parental or guardian consent.

If you do not agree to any aspect of these Terms of Use, you should immediately discontinue your use of the Website and Services, and not access them again.

Links to Other Web Sites

The Website and Services may contain links to other web sites operated by third parties (Third Party Websites). The New Daily does not make any representations or warranties regarding, endorse, or approve of Third Party Websites, their operators, or the information, graphics and material on those Third Party Web Sites (Third Party Material), and has no control over, or liability and/or responsibility for, Third Party Websites or Third Party Material. You understand, acknowledge and agree that you are solely responsible for accessing Third Party Websites, and that The New Daily disclaims all liability to you in respect of your access or use of Third Party Websites and Third Party Material and any resultant consequences.  The New Daily therefore recommends that you carefully review the terms and conditions and policies which apply to Third Party Websites.

Your Content

Please carefully choose the information, materials, submissions and content that you post on or through the Website and Services (including any text, files, images, photos, videos, sounds, musical works, literary works, artistic works, applications or any other material) (User Content), and ensure that it is not Prohibited Content or otherwise objectionable.

The New Daily reserves the right to modify, reject, refuse to post/upload, reformat or delete any User Content in its sole discretion, at any time (including after successful posting/uploading) for any reason, including if The New Daily determines that User Content is contrary to these Terms of Use or considers that the User Content is, or is potentially, offensive, illegal, infringes the rights of another party, bullies or harasses another person, or harms or threatens the safety of another party.

You understand that The New Daily is under no obligation to monitor use of the Website and Services for Prohibited Content, inappropriate User Content, Prohibited Activities or other inappropriate conduct by users, and assumes no responsibility for (including no responsibility for modifying or removing) any User Content submitted by, or conduct undertaken, by any users. Despite this, The New Daily will use its reasonable endeavours to monitor the Website and Services in this manner.

You are solely responsible for:

a)      all User Content which you submit on or through the Website and Services;

b)      any material or information that you transmit to other users of the Website and Services, and for your interactions with other persons via the Website and Services generally; and

c)      ensuring that all User Content that you submit on or through the Website and Services, and any material or information that you transmit to other users, complies with all applicable data protection and privacy laws.

You acknowledge that a purpose of the Website and Services is to act as a digital archive, and understand and agree that any User Content you submit will remain on or accessible through the Website and Services even after you cease to use the Website and Services

Your Use

You may only use the Website and Services for personal and non-commercial purposes.  Use of the Website and Services for commercial purposes, without the prior written authorisation of The New Daily, is specifically prohibited. The New Daily reserves the right to remove any material or content uploaded by you on the Website which in its sole discretion it deems to be commercial, without prior notice. Uploading of commercial material, or use of the Website and Services for commercial purposes, may result in your entitlement to access the Website and Services being suspended or terminated.  You understand and acknowledge that The New Daily is permitted to use the Website and Services for commercial purposes.

Except as expressly intended by the functionality of the Website and Services, you must not alter or modify any part of Website and Services without the prior written approval of The New Daily.

Use of the Website and Services for unlawful, illegal or otherwise prohibited activities, including but not limited to distribution of material which infringes the intellectual property rights of third parties, circulation of pornographic, defamatory, racist or otherwise objectionable material and collecting details of other users by any means whatsoever for the purpose of sending unsolicited email or any other form of unauthorised solicitation, is prohibited.

The New Daily reserves the right to investigate, and take any appropriate action (including removal of User Content, suspension or termination of access to the Website and Services, or legal action, if necessary) against you if The New Daily determines that you have:

a)      submitted User Content which is illegal, offensive, prohibited or otherwise objectionable (Prohibited Content). Prohibited Content includes, but is not limited to, User Content that The New Daily determines:

i)        is offensive or promotes racism, bigotry, physical harm, harassment or discrimination of any kind against any person or group of people;

ii)       is exploitative of people in a sexual or violent manner;

iii)     contains nudity, excessive violence, or otherwise offensive subject matter;

iv)      is pornographic in nature;

v)       is liable to pose or create a privacy or security risk to any person;

vi)      contains image(s) of persons under the age of 18, and parental/guardian consent has not been provided to the use of those images;

vii)    contains material which is obscene, threatening, false, misleading or defamatory or promotes illegal activities or conduct;

viii)   constitutes or promotes an infringement of the intellectual property rights or any other rights of another party, or is likely to;

ix)      contains the work of another person which has been submitted without that person’s consent; or

x)       is commercial in nature, where such User Content has not been subject to prior written approval by The New Daily; or

b)      accessed or used the Website and Services for purposes which are unlawful, illegal or prohibited (Prohibited Activities). Prohibited Activities include, but are not limited to, activities conducted by you in or via the Website and Services that The New Daily in its sole discretion determines:

i)        are criminal or otherwise illegal in nature, including but not limited to fraud, harassment, spamming and infringement of intellectual property rights;

ii)       are commercial in nature, where such activities have not been subject to prior written approval by The New Daily, including but not limited to advertising and soliciting activities;

iii)     involve the use of viruses, bots, worms or any other material intended to interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorised use of, or access to, a computer or computer network;

iv)      are automated uses of the Website and Services;

v)       involve impersonation of another user, or any other person or entity; or

vi)      involve using the Website and Services in a manner that is contrary to these Terms of Use or inconsistent with any applicable laws and regulations.

The New Daily expressly reserves the right to take any action deemed necessary in respect of any Prohibited Content or Prohibited Activities or other illegal or unauthorised use of the Website and Services by any person, including removing Prohibited Content without notice, referring matters to appropriate authorities for further investigation (such as police) and appropriate legal action.

You must immediately notify The New Daily if you become aware or reasonably suspect that any User Content submitted by another user is Prohibited Content, or that any other user is engaging in Prohibited Activities, or proposes to do so.

Warranties

While we have made every effort to ensure that information is free from error, The New Daily does not warrant the accuracy, adequacy or completeness of Material on the Website. All information is subject to change without notice. The New Daily does not guarantee that the Website or Third Party Websites will be free from viruses, or that access to the Website or Third Party Websites will be uninterrupted.

Limitation of Liability

Subject to any terms, conditions or other responsibilities implied by law and which cannot legally be excluded, The New Daily and its officers, agents, employees and other representatives exclude and are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) incurred by you or any third party whatsoever, arising out of or referable to Material on the Website or to Third Party Material, whether in contract, tort including negligence, statute or otherwise.

The liability of The New Daily and its officers, agents, employees and other representatives for a breach of any term, condition, guarantee or warranty implied by law and which cannot legally be excluded by The New Daily and its officers, agents, employees and other representatives, is limited to the fullest extent possible, at The New Daily’s option, to:

a)      in the case of goods – replacement of the goods or the supply of equivalent goods, repair of the goods, payment of the cost of replacing the goods or acquiring equivalent goods, or payment of the costs of having the goods repaired; and

b)      in the case of services – the supply of the services again or payment of the cost of having the services supplied again.

Indemnity

You agree to indemnify and hold harmless The New Daily and its officers, agents, employees and other representatives (Indemnified Parties), from and against any loss (including legal costs and expenses on a solicitor-own client basis) or liability incurred or suffered by any of the Indemnified Parties in relation to any claim, suit, demand, action or proceeding by any person against any of the Indemnified Parties arising from your use of the Website and Services, or any breach by you of these Terms of Use, including but not limited to the representations and warranties made by you, as set out in these Terms of Use.

Termination

These Terms of Use (and the agreement between the parties constituted by your access to, and use of, the information, graphics and materials on the Website and Services) and/or your access to the Website and Services may be terminated at any time by The New Daily without notice. All restrictions, licences and indemnities granted by you, and all disclaimers and limitations of liability made by The New Daily will survive termination, together with the obligations of confidentiality imposed on you, however you will no longer be authorised to access the Website or Services.

Copyright and Trade Marks

Copyright in the Material on the Website and Services is owned or licensed by The New Daily. Except where necessary for viewing the Material on the Website and Services on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no Material on the Website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific, prior written consent of The New Daily.

You retain ownership of all rights (including intellectual property rights) in any User Content which you generate, display, post, upload onto, publish or otherwise submit through the Website and Services.

By uploading or submitting any User Content via the Website and Services, you grant to The New Daily and all users of the Website and Services (both current and future) a non-exclusive, perpetual, irrevocable, worldwide, fee-free, royalty-free licence to use, archive, reproduce, modify, perform, display and distribute or otherwise use, exploit or dispose of the User Content you have submitted (Licence).

You acknowledge that the Licence includes, without limitation, the right to exploit the User Content in hardcopy (through printed materials), online or in digital format via downloads, streaming or otherwise, and you irrevocably consent to the adaptation, reproduction, editing, re-titling, alteration, adding to and/or deleting from, rearrangement, transposing, translation and exploiting of your User Content for any purpose and in any media (now known or developed in the future), including but not limited to the reproduction, publication, communication to the public and adaptation of the User Content and any works derived from this material.

You also acknowledge that the Licence will continue in perpetuity notwithstanding the fact that you may at any time request that The New Daily remove any User Content you have submitted on or through the Website and Services.

The Licence granted to The New Daily is transferable and may be assigned or sub-licensed by The New Daily to any third parties without your consent. The Licence granted by you to other Website and Services users is personal to each user, and may not be assigned, sub-licensed or otherwise dealt with by them.

You represent and warrant that:

a)      you own all the rights in and to the User Content and that you have all necessary right and title to grant the Licence;

b)      the User Content, and its submission on or through the Website and Services, does not infringe the rights, including without limitation, the intellectual property rights, of any person or other third party; and

c)      the User Content contains nothing which is defamatory, obscene, false, misleading or deceptive and does not breach any statute or other law or regulation, including but not limited to applicable child protection, privacy or intellectual property laws. You must pay all royalties, fees or any other amounts owing to any person or other third party in respect of any User Content submitted by you on or through the Website and Services.

Privacy

You must comply at all times with the Privacy Act 1998 (Cth) and any other legislation, principles, industry codes and policies (Privacy Laws) relating to the handling of all information about a person which is “personal information” as defined in Privacy Laws (Personal Information) collected, used, disclosed or submitted via the Website and Services.

You consent to The New Daily using any information provided or submitted by you via the Website and Services, including any Personal Information, for the purpose of providing the Website and Services to you, and for the purpose of offering you goods and services.  The use of your Personal Information is at all times subject to the terms of The New Daily’s Privacy Policy.

You also acknowledge and agree that The New Daily may use any Personal Information provided by you for purposes incidental to the provision of the Website and Services, competitions and promotions, and sending you marketing and promotional material that we believe you may be interested in, either from any of our related entities or a third party business which we consider may be of interest to you.

If you provide The New Daily with Personal Information about third parties who are individuals, you must give those third parties information about the identity of The New Daily and how The New Daily handles Personal Information, including that they can contact the New Daily to get access to their Personal Information.     You warrant that the third party has consented to the disclosure of its Personal Information to The New Daily, and to receiving communications regarding The New Daily, the Website and Services.

Confidentiality

You must keep any confidential information of The New Daily which is disclosed to you by The New Daily in any form (regardless of whether or not marked confidential) confidential, and must not disclose such information to any other party except as required by law or as authorised by The New Daily in writing. The obligations of confidence under this clause do not apply to any information that is in the public domain (other than through any breach of these Terms of Use) or to any information that you can prove was known to you at the time of disclosure by The New Daily, free from any obligation of confidence, or information that you are required by law to disclose.

Acceptance and Changes to Terms of Use

You acknowledge and accept that your use of the Website and Services indicates your acceptance of these Terms of Use.

These are the current Terms of Use. They replace any other terms of use for the Website and Services published on the Website and Services to date. The New Daily may at any time vary the Terms of Use by publishing the varied Terms of Use on the Website or Services. You accept that by doing this, The New Daily has provided you with sufficient notice of the variation and understand that your continued access and use of the Website and Services after publication of any variation indicates your acceptance of the revised Terms of Use.

For the avoidance of doubt, The New Daily reserves any rights not expressly granted in these Terms of Use.

Governing Law

These Terms of Use are governed by the laws and Courts of the State of South Australia, and you expressly submit to the jurisdiction of these Courts.

Notices

You consent to receiving any notices or communications to which these Terms of Use refer from The New Daily in electronic format, including without limitation by email or by posting on the Website.

To contact The New Daily in relation to these Terms of Use and the Services, please email: admin@thenewdaily.com.au

Entire Agreement

These Terms of Use constitute the entire agreement between you and The New Daily regarding your access and use of the Website and Services.

Force Majeure

Notwithstanding anything else, The New Daily will not be liable for any delay in or failure to comply with these Terms of Use if such delay or failure is caused by circumstances beyond The New Daily’s reasonable control, including without limitation, fire, flood, act of God, strikes, lock outs, stoppage of work, trade disputes, internet down-time, or any act of war or terrorism.

Waiver

No waiver by a party of any breach or default by any other party is effective unless reduced to writing and signed by the party making such waiver, and any such waiver does not constitute a waiver of any other continuing breach or default under these Terms of Use.

Action by The New Daily

You acknowledge the right of The New Daily to take action against you to prevent a breach of these Terms of Use and further acknowledge that damages may not be an appropriate remedy in those circumstances.

Further Actions

You agree to promptly do all things required by law or reasonably requested by The New Daily to give effect to these Terms of Use.

Severance

If any provision of these Terms of Use is prohibited, invalid or unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of these Terms of Use or affecting the validity or enforceability of that provision in any other jurisdiction.

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