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Terms & Conditions

Terms of Use | Privacy Policy | Security Statement

Terms of Use

Application of Terms

These Terms of Use comprise a legal agreement between you (You) and Solstice Media Limited (ACN 105 598 187) and its affiliated entities and related bodies corporate (Solstice Media) in relation to your access to and use of the Solstice Media website at the domain name www.indaily.com.au (Website) and any subscription or online services offered by Solstice Media (Services).

Unless otherwise expressly indicated, Solstice Media 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 Solstice Media’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.

Solstice Media makes no representations as to the availability of the Website and Services. You agree that Solstice Media bears no responsibility for the Website and/or Services being unavailable for any reason, whether technical or otherwise. Solstice Media 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). Solstice Media 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 Solstice Media disclaims all liability to you in respect of your access or use of Third Party Websites and Third Party Material and any resultant consequences. Solstice Media therefore recommends that you carefully review the terms and conditions and policies which apply to Third Party Websites.

Your Comments

Comments are moderated by InDaily editorial staff before publication in the interests of civil debate. We wont be publishing defamatory or unnecessarily nasty comments, and would prefer they be kept to 150 to 200 words.

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.

Solstice Media 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 Solstice Media 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 Solstice Media 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, Solstice Media will use its reasonable endeavours to monitor the Website and Services in this manner.

You are solely responsible for:

  1. all User Content which you submit on or through the Website and Services;
  2. 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
  3. 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 Solstice Media, is specifically prohibited. Solstice Media 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 Solstice Media 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 Solstice Media.

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.

Solstice Media 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 Solstice Media determines that you have:

  1. submitted User Content which is illegal, offensive, prohibited or otherwise objectionable (Prohibited Content). Prohibited Content includes, but is not limited to, User Content that Solstice Media determines:
    1. is offensive or promotes racism, bigotry, physical harm, harassment or discrimination of any kind against any person or group of people;
    2. is exploitative of people in a sexual or violent manner;
    3. contains nudity, excessive violence, or otherwise offensive subject matter;
    4. is pornographic in nature;
    5. is liable to pose or create a privacy or security risk to any person;
    6. contains image(s) of persons under the age of 18, and parental/guardian consent has not been provided to the use of those images;
    7. contains material which is obscene, threatening, false, misleading or defamatory or promotes illegal activities or conduct;
    8. constitutes or promotes an infringement of the intellectual property rights or any other rights of another party, or is likely to;
    9. contains the work of another person which has been submitted without that person’s consent; or
    10. is commercial in nature, where such User Content has not been subject to prior written approval by Solstice Media; or
  2. 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 Solstice Media in its sole discretion determines:
    1. are criminal or otherwise illegal in nature, including but not limited to fraud, harassment, spamming and infringement of intellectual property rights;
    2. are commercial in nature, where such activities have not been subject to prior written approval by Solstice Media, including but not limited to advertising and soliciting activities;
    3. 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;
    4. are automated uses of the Website and Services;
    5. involve impersonation of another user, or any other person or entity; or
    6. 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.

Solstice Media 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 Solstice Media 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, Solstice Media does not warrant the accuracy, adequacy or completeness of Material on the Website. All information is subject to change without notice. Solstice Media 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, Solstice Media 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 Solstice Media 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 Solstice Media and its officers, agents, employees and other representatives, is limited to the fullest extent possible, at Solstice Media’s option, to:

  1. 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
  2. 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 Solstice Media 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 Solstice Media without notice. All restrictions, licences and indemnities granted by you, and all disclaimers and limitations of liability made by Solstice Media 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 Solstice Media. 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 Solstice Media.

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 Solstice Media 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 Solstice Media remove any User Content you have submitted on or through the Website and Services.

The Licence granted to Solstice Media is transferable and may be assigned or sub-licensed by Solstice Media 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:

  1. you own all the rights in and to the User Content and that you have all necessary right and title to grant the Licence;
  2. 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
  3. 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 Solstice Media 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 Solstice Media’sPrivacy Policy.

You also acknowledge and agree that Solstice Media 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 Solstice Media with Personal Information about third parties who are individuals, you must give those third parties information about the identity of Solstice Media and how Solstice Media 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 Solstice Media, and to receiving communications regarding Solstice Media, the Website and Services.

Confidentiality

You must keep any confidential information of Solstice Media which is disclosed to you by Solstice Media 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 Solstice Media 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 Solstice Media, 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. Solstice Media 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, Solstice Media 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, Solstice Media 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 Solstice Media in electronic format, including without limitation by email or by posting on the Website.

To contact Solstice Media in relation to these Terms of Use and the Services, please email: circulation@solsticemedia.com.au

Entire Agreement

These Terms of Use constitute the entire agreement between you and Solstice Media regarding your access and use of the Website and Services.

Force Majeure

Notwithstanding anything else, Solstice Media 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 Solstice Media’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 Solstice Media

You acknowledge the right of Solstice Media 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 Solstice Media 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.

Privacy Policy

The privacy of your personal information is afforded the highest level of importance by Solstice Media Limited (ACN 105 598 187).

We uphold the principles of the Privacy Act 1988 (Cth) (Act) regarding the manner in which we handle your personal information and how we respond to your requests to access and correct it. While we take careful measures to protect the confidentiality of information provided to us, we have adopted this Privacy Policy to reflect the intentions of the Act. This document sets out our information handling procedures and the rights and obligations that both you and we have in relation to your personal information. We will uphold all relevant legislative requirements. However, in the event of any inconsistency, the legislative requirements will override the provisions of this document.

This document reflects our Privacy Policy as at March 2014. We reserve the right to amend our Privacy Policy at any time without notice to you. The date of this Privacy Policy will inform you as to whether there have been updates since your last visit.

Collection of Information

We will only collect personal information where it is reasonably necessary to do so for the conduct of our business. The kinds of personal information that we collect and hold may include:

Any collection of personal information by us will be fair and lawful and will not be intrusive. Upon request you will be told the identity of the collecting entity, the purpose of the collection, details on how you can gain access to your personal information and any consequences of failing to give the information.

If it is reasonable and practical do so, we will collect personal information about you only from you. In the course of operating the business, however, it may be necessary to collect personal information from various external sources, including government agencies and other third parties such as advertisers, mailing lists, recruitment agencies, contractors and business partners. You authorise us to collect information from external sources as and when required.

If we collect personal information about you from a third party we will, where appropriate, request that the third party inform you that we are holding such information, how we will use and disclose it, and that you may contact us to gain access to and correct and update the information. We will not, however, make any such request to any third party in circumstances where it would not be practical to do so.

We may collect and hold other information, including:

We may use this information for internal purposes, including administering our services, diagnosing problems, generating statistics and trends, and improving the quality of our products and services.

Your information may also be collected by Netratings Australia Pty Ltd via cookies and an online auditing system to assist us in gathering statistical information for the above purposes. Details of the use of your information by Netratings Australia Pty Ltd and how to opt-out are available here.

We will hold personal information as either physical records, records on our servers, and in some cases, records on third party servers, which may be located overseas.

Use and Disclosure of Information

In general, we will collect, hold, use and disclose personal information for the purposes of providing or offering goods and services to you, any purposes that you may reasonably expect, for any other purpose authorised by law, or for any other purposes disclosed to or authorised by you. This may include disclosures to organisations that provide us with technical and support services, and professional advice, such as solicitors, accountants and business advisors.

By providing us with personal information, you consent to us using your personal information for:

Where it is possible, we will use reasonable endeavours to de-identify your personal information before using it for these purposes. We will also, wherever possible, keep all personal information strictly confidential.

If you do not want to receive promotional material from us, please let us know.

A number of laws require the provision of personal information to third parties, including the Corporations Act 2001 (Cth). The precise information required to be provided will vary depending on the circumstances requiring disclosure of that information.

We may also use or disclose personal information about you to avoid, lessen or prevent a serious emergency or crime. If we use or disclose personal information about you in those circumstances we will make a written record of such use or disclosure.

Any disclosure that is required to be made to any third party will be made primarily for the purpose of providing or offering goods and services to you. If we disclose information to a third party, we generally require that the third party protect your information to the same extent that we do.

Any personal information submitted via our online form may need to be processed by a third party. By submitting personal information via an online form, you consent to the disclosure of that information to a third party, which may be located overseas, for the sole purpose of processing the online form.

Information Security

We will take reasonable steps to hold all hard copy and electronic records of your information in a secure manner to ensure that they are protected from misuse, interference and loss, and unauthorised access, modification or disclosure. We will destroy or de-identify your personal information once it is no longer needed for a valid purpose or required to be kept by law. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.

Data Access & Correction

You may request access to your personal information at any time by sending a written request to our Privacy Officer by mail at Solstice Media Limited, 4 Cinema Place, Adelaide SA 5000, or by email to circulation@solsticemedia.com.au.

You do not need to provide a reason for your request. We may charge a small fee for providing access if it requires a significant amount of time to locate or collect your information or to present it in an appropriate form.

In rare circumstances, and only where it is permitted under the Act, we may not be able to provide you with access to your information. For example, we may refuse access where the requested access will have an unreasonable impact upon the privacy of others or where we are required by law to withhold the information.

We will take reasonable steps to ensure that the personal information we collect about you is accurate, up-to-date and complete, and ensure that the personal information we use or disclose is accurate, up-to-date, complete and relevant. If your personal information is out of date or incorrect, you may inform us of this and we will correct it for you.

If we are unable to provide you with access to your information, or make any amendments which you have requested, we will provide you with reasons for our refusal.

Cross-Border Disclosures of Information

We are not likely to disclose your information to overseas recipients. We will only do so where necessary or useful in the course of operating our business, and only with your express consent or otherwise in accordance with the Australian Privacy Principles.

We will not disclose your information outside of Australia in any other circumstances.

Anonymity

Where practicable, we will provide the option for you to deal with us anonymously or under a pseudonym. This option will not be available where we are required or authorised by law to deal with individuals who have identified themselves, or if we need to verify your identity in order to provide products or services to you.

Complaints

If you believe that we may have breached the Australian Privacy Principles, or failed to comply with this policy, you may make a written complaint addressed to:

Privacy Officer
Solstice Media Limited
4 Cinema Place
ADELAIDE SA 5000
Email: circulation@solsticemedia.com.au

We take all complaints seriously, and will respond to your complaint within a reasonable period.
If you are dissatisfied with the handling of your complaint, you may contact the Office of the Australian Information Commissioner:

Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
Telephone: 1300 363 992
Email: enquiries@oaic.gov.au

Security Statement

This Security Statement applies to your use of the internet website under the domain name www.indaily.com.au (Website).

Security

The server for the Website may automatically log certain browser information, including your server address, IP address, the date and time of the visit, the websites accessed and the previous website visited by the user. This information is used only for statistical analysis and internal business purposes, including website administration and enhancement.

Solstice Media Limited will not record your e-mail address unless you send us an electronic message or provide it to us by some other means. Your email address will only be used for the purpose for which it is provided, or otherwise in accordance with our Privacy Policy.

Please note that there are inherent risks in transmitting information over the Internet. There is a possibility that this information could be accessed by a third party while in transit. Each user of the Website should make their own assessment of the possible security risks to their information when deciding whether or not to use the Website.

Solstice Media Limited cannot ensure or warrant the security of any information transmitted to us online and individuals do so at their own risk. To the extent permitted by law, Solstice Media Limited accepts no responsibility for the unauthorised access of personal information held by Solstice Media Limited.

Cookies

Solstice Media Limited uses cookies to collect and log certain information about your browsing experience on the Website for statistical purposes.

Cookies are small data files that a website is able to place on a user’s hard drive to record aspects of that user’s experience of the website. For example, Solstice Media Limited may use cookies to record that a user visited a particular section of the Website, or that their browsing software was a particular version. In this way, cookies can improve the operation of the Website, and make the experience more efficient, more enjoyable or more personalised.

Importantly, cookies do not need to identify the user or record any personal information. No attempt is made to identify you or your browsing activities except, in the event of an investigation, where a law enforcement agency may exercise a warrant to inspect the service provider’s logs, or where your usage is causing technical issues for the Website that may need to be resolved and Solstice Media Limited needs to contact you. A notice will be posted on the Website if the Website attempts to identify individuals from their cookies unless that identification is required by law or to assist in law enforcement.

The default settings of most internet browsers allow cookies. However, users may change their browser settings to disallow cookies. Please note that some parts of the Website may not function fully for users that disallow cookies.

Disclaimer

The information provided on the Website is for general purposes only and is not a substitute for legal or other professional advice. Any user of the Website may access and use the information at its own risk. Solstice Media Limited, its related bodies corporate, directors and officers make no warranty or representation that the information is accurate, complete or up to date. To the fullest extent permitted by law, Solstice Media Limited, its related bodies corporate, directors and officers disclaim all liability (including any indirect, special, incidental or consequential damages or loss) suffered or incurred by any person, whether directly or indirectly, by reason of any use or misuse of, or reliance upon, the information contained in the Website, or any of the information being incomplete, incorrect, misleading or deceptive.

Solstice Media Limited reserves the right to alter or amend any information on the Website without notice, at any time.

Any hyperlinks or references to other websites are provided for your convenience only, and this does not represent or imply any endorsement, sponsorship, affiliation or approval by Solstice Media Limited, its related bodies corporate, directors or officers of the content, products or services appearing on those websites.