Terms of use

You agree that it is your responsibility at all times to:

• Use our service and services in a manner which does not violate any applicable laws or regulations
• Respect the legal protection afforded by copyright, trademarks, license rights and other laws to materials accessible via our service
• Respect the privacy of others
• Use the service in a manner which does not interfere with or disrupt other network users, services or equipment
• Refrain from acts that waste resources or prevent other users from receiving the full benefit of our services
• Ensure your use of our services remains ethical and in accordance with accepted community standards

You agree that you will not use our services to:

• Violate copyright or other intellectual property rights or publish any material that infringes any third party’s intellectual property rights or any other rights;
• Illegally store, use or distribute software; transmit threatening, obscene or offensive materials
• Engage in electronic ‘stalking’ or other forms of harassment such as using abusive or aggressive language
• Misrepresent or defame others;
• Commit fraud
• Damage, modify or destroy the files, data, passwords, devices or resources of us, other users or third parties
• Conduct any business or activity or solicit the performance of any activity that is prohibited by law
• Make an unauthorised transmission of confidential information or material protected by trade secrets
• “Spam” or engage in “spamming” activities, or sending unsolicited commercial activities
• Engage obscene speech or materials, this includes, advertising, transmitting, storing, posting, displaying or otherwise making available; child pornography, offensive sexual content or materials or any other obscene speech or material
• Post or transmit defamatory, harassing, abusive or threatening language
• Create, distribute or provide information/data regarding internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing or denial of service attacks
• Facilitate a violation of this clause and Acceptable Use Policy
• Perform any other action through utilisation of any service which we deem unsatisfactory

You agree that we may at our discretion and by order of any law enforcement agency disclose information relating to your account and use of services. We may also report any action we find in breach of this agreement, local, state, federal or international laws and cannot be held liable for any outcome resulting in our actions.

You must at all times comply with law. You irrevocably agree that you will also be in breach of this Agreement on violation of state, federal or international laws.

You irrevocably agree that any breach of this clause can result in immediate termination of services and loss of all data held on provided services, and you release us, our staff and our suppliers of any liability resulting in such instances.

Fees

The charges for our services are published on our web site. We maintain the ability to change them at will, however changes are not retrospective.

Charges for a service are those published at the time you request for the service. Special, promotional or bundled pricing for particular services may be limited on a per year/member/email address basis; prices displayed after account login and prior to payment will indicate eligibility for such pricing. You agree to pay for all the services you request and/or use. Charges that you pay are non-refundable, except where we have expressly consented otherwise.

You agree that failure to pay or failure of payment being honoured will void your application and relieve us of any responsibility with regards to the provision of the services applied for.

You are solely responsible for the renewal of any held services with us. You acknowledge and agree that we may, at our discretion, choose to send notification of expiry but are not obliged to do so, but that it is your responsibility to ensure that your electronic contact address is valid, active and correct. You agree that we cannot be held responsible for any loss/suspension/termination of any service arising from a failure to renew your services.

Payment

You agree and authorise that if any payment due from you to us is not received by the due date, that we may directly debit that payment using the credit card account details provided by you upon registration.

We are entitled to recover (on a full indemnity basis) any costs, fees and charges (including legal costs) incurred in recovering any amounts owed to us by you. Without limitation to the above, we may charge an administration fee for any dishonoured cheques.

You acknowledge that should we not receive renewal payment prior to the date of expiry we reserve the right to suspend Services immediately without notice.

We may provide a 30 day grace period whereby we will hold your information and data on our servers. Should this period expire without payment, we reserve the right to purge all data pertaining to your account with us.

In-App Purchases on iOS Devices

• Payment will be charged to iTunes Account at confirmation of purchase
• Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
• Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal
• Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase
• Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable

Right to deny

In addition to any other options, we may, in our discretion, without notice, refuse to supply, cancel, suspend or transfer any service should we believe it is necessary to protect the integrity, stability and security of us, the Site, or our affiliates/agents; at the request of any law enforcement agency; pending any applicable dispute resolution process or in effort to avoid potential liability, civil or criminal, on our part.

Reasonable control

We are not responsible for any delay in performing or failure to perform any obligation to you as a result of any matter beyond our reasonable control.

Applicable law

You expressly agree that:

1. This Agreement is governed by the law of Victoria (Australia), and embodies the entire understanding and agreement between the parties, and supersedes all prior agreements, understandings and representations
2. We may amend these terms at any time, and such amendments will become effective as soon as they are posted on our website, following which if you continue to use the services, you are deemed to have agreed to be bound by those amendments. It is your responsibility to review our website periodically to ascertain whether these terms have been changed
3. In the event of any dispute(s) or claim(s) which arise against us, including those concerning, in connection with or arising from this agreement (or any part thereof), or services supplied by us, then you will submit to binding arbitration on the following terms:
   • The arbitration shall take place in Melbourne, Australia, and the dispute shall be handled by an arbitrator of our choosing
   • You are responsible for all costs related to such arbitration
   • You will request us to make the necessary arrangements for a date and time for the directions hearing for the arbitration to be set within 60 days of the dispute arising