conditions of use
If you use any of the FBM Sites, you agree to be bound by these terms. Fairfax reserves the right to change these terms by posting changes online. It is your responsibility to check the terms regularly. Your continued use of the FBM Sites after any changes are made to these terms constitutes an acknowledgement and agreement by you that you accept and agree to be bound by the terms and any changes made to them.
Should you object to any of these conditions or any subsequent modifications your only recourse is to immediately discontinue your use of the FBM Sites.
Accuracy of information
All material on the FBM Sites is provided in good faith and is derived from sources believed to be accurate and current as at the date of publication. Your use of the FBM Sites is at your own sole risk. Access to the FBM Sites is provided on an "as available" basis. Unless expressly stated otherwise, neither Fairfax nor its related bodies corporate, its or their directors or employees or any Content Provider (collectively, the "Protected Parties") makes any representation or warranty that any material on any of the FBM Sites will be reliable, accurate or complete or that your access to any of the FBM Sites will be uninterrupted, timely or secure.
Neither Fairfax nor any of the Protected Parties will be liable for any damage or loss resulting from any errors in or omissions from the material on the FBM Sites, nor any action or decision by you in reliance on the material on the FBM Sites, nor any interruption, delay in operation or transmission, virus, communications failure, internet access difficulties, or malfunction in equipment or software. Fairfax reserves the right at any time without prior notice to change or discontinue any feature of the FBM Sites and to change the presentation or substance of the material on the FBM Sites if required to do so by reasons outside its control or if the material is changed or ceases to be provided for any reason by a Content Provider.
General information - non advisory
The material on the FBM Sites provides general information only. It is not intended as advice and must not be relied upon as such. The material has not been prepared by taking into account the investment objectives, financial situation or needs of any individual investors. You should make your own inquiries and if necessary take independent advice tailored to your specific circumstances before making any decisions. None of the material on the FBM Sites constitutes, and must not be construed as, an offer of securities or other financial products. Nor is it an invitation or recommendation to you to deal in securities or other financial products.
Copyright and intellectual property
The material on the FBM Sites is copyright protected and in some cases is published by Fairfax under licence. Except for the temporary copy held in the computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, distributed, sold or resold, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part or otherwise disseminated to others (except where such use constitutes fair dealing under the Copyright Act 1968 (Cth)) without the prior written approval of Fairfax or the appropriate Content Provider or other supplier or licensor of Fairfax.
AFR, afr.com, the AFR logo and the newspaper mastheads on afr.com and the other FBM Sites are trademarks or registered trademarks of Fairfax and its related bodies corporate. Other trademarks and logos may be displayed on afr.com and the other FBM Sites from time to time. These may belong to a Content Provider or other third party. Nothing displayed on afr.com or the FBM Sites should be construed as granting any licence or right of use of any logo, masthead or trademark displayed, without the express written permission of the relevant owner.
Third party links and advertising
Hyperlinks and pointers to websites operated by third parties will appear on the FBM Sites from time to time. These websites do not form part of the FBM Sites and are not under the control of Fairfax or its related bodies corporate and neither Fairfax nor its related bodies corporate have any responsibility for the content of any such hyperlink or linked website. If you link to any such websites, you leave the FBM Sites and do so entirely at your own risk. The FBM Sites displays third party advertisements, which may or may not contain hyperlinks or referral buttons to websites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by Fairfax or its related bodies corporate of the relevant advertiser, its products or services or any such linked website. If you contact a third party using functionality provided on the FBM Sites, including via e-mail, Fairfax accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.
Your use of the FBM Sites
Without limiting any other provision of these terms and conditions, you may not use or permit the use of any part of the material on the FBM Sites:- to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, internet site or other means of distribution; or
- other than for your own personal use or in the ordinary course of your own business (which shall not include the dissemination of the material to third parties);
- to establish, maintain or provide, or assist in establishing, maintaining or providing a financial market (other than one authorised by law) for trading in securities or other financial products; or
- for any illegal purpose.
You agree to abide by all applicable laws and regulations in accessing and using the FBM Sites and the material on it. If Fairfax determines or suspects that you have breached these terms (including, but not limited to, by sharing your username and password in breach of the Subscription Terms), or if it is required to do so by a Content Provider because of a suspected breach by you of these terms, Fairfax may immediately suspend or terminate your access to any of the FBM Sites. You agree to indemnify Fairfax and the Protected Parties against any losses, liabilities, damages, costs or expenses suffered or incurred by them in connection with any breach of these terms and conditions or any other legal obligation by you or your use of or conduct on the FBM Sites. Fairfax has no obligation to you to monitor your use of the FBM Sites. However, Fairfax retains the right at all times to monitor, retain and disclose any information relating to your use of the FBM Sites as necessary to satisfy any applicable law, regulation, legal process, governmental request or legal obligation. In addition, if Fairfax reasonably suspects any misuse of any FBM Site or information or content supplied by way of any FBM Site, Fairfax may, on giving you at least 10 days notice in writing, audit all records, systems, attachments, apparatus, books and records or other such material to verify your compliance with this Agreement. Any audit will be conducted during normal business hours and subject to your reasonable security and confidentiality requirements. If any audit by Fairfax discloses any breach of this Agreement, you will pay, within 30 days of us notifying you, any underpayment and our reasonable audit costs or any reasonable estimate of any discrepancy discovered pursuant to such audit arising from your misuse of any FBM Site product or service.
Disclosure of benefits
Reports and newsletters offered for sale or subscription by a Content Provider may from time to time be referred to or advertised on the FBM Sites. Fairfax or its related bodies corporate may receive a referral commission based on sales or subscriptions of such reports and newsletters taken up by users of the FBM Sites Fairfax has entered into agreements with Content Providers under which it pays a fee for the information and data provided by the Content Providers. Except as outlined above, Fairfax does not receive any commissions or other benefits from Content Providers based on the material you access or use on the FBM Sites.
Limitation of liability
Fairfax and its related bodies corporate do not exclude any rights or remedies available to you under the Trade Practices Act 1974 (Cth) or any similar State or Territory legislation that cannot be excluded, restricted or modified. Otherwise, all conditions and warranties in respect of the FBM Sites and the material on it that may be implied by law are excluded. To the extent Fairfax supplies goods or services which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, its liability for breach of any implied warranty or condition which cannot be excluded is restricted, at Fairfax's option, to:
- (a) in the case of services supplied or offered by Fairfax, the re-supply of those services or the payment of the cost of having those services re-supplied; and
- (b) in the case of goods supplied or offered by Fairfax, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or the payment of the cost of having the goods repaired.
Subject to the above qualifications, you expressly agree that in no circumstances will Fairfax or the Protected Parties be liable to you for any damage or loss (including, but not limited to, any indirect or consequential loss or any loss of profits or revenues whatsoever) however caused (including, but not limited to, by the negligence of Fairfax or a Protected Party) suffered or incurred by you in connection with your use of the FBM Sites.
General
In entering into this agreement with you and obtaining the benefit of any exclusion of liability, disclaimer or indemnity, Fairfax acts on its own behalf and as trustee for each of the Protected Parties. Where specific provisions of these terms and conditions relate to a particular Content Provider, they are not intended to limit or otherwise affect the application of other general provisions to Fairfax or other Content Providers. These terms and all other additional terms which govern your use and access to the FBM Sites will be governed by and construed in accordance with the laws of New South Wales, Australia.
Marketing Opt-in
By registering or subscribing to any of the products or services offered on the FBM Sites, you agree to opt in to marketing communications and newsletters. You may unsubscribe from each of these communications using the unsubscribe function at the bottom of each email or by calling MIS Australia Customer service on or .
Additional terms applicable to the use of MISaustralia.com
All current content displayed on the site is available for free. In order to view search results from the archive of MIS Sources* for free, please log-in or register with MISaustralia.com (free registration). To register you need to supply your subscriber number or complete a series of qualification questions. If you have not registered with MISaustralia.com, you can go to afr.com for pay-per-view or to subscribe to a package.
*MIS Sources:
- MIS
- MIS online
- MIS Asia
- MIS New Zealand
- MIS Tech
- CIO Asia
- CIO New Zealand
- ComputerWorld Malaysia
- ComputerWorld New Zealand
- ComputerWorld Singapore
Publication Guidelines
The websites that form the network of Fairfax Business Media sites (hereinafter referred to from now individually as an "FBM Site" or collectively the "FMB Sites") are owned and operated by John Fairfax Publications Pty Limited ("Fairfax" or "us"/"our"/"we").
If you provide us with content for use on the FBM Sites and/or hard copy publications at our invitation, or if you have comments, photographs, video footage of newsworthy people or events or other content (referred to from now on as "your content") you wish to send us in relation to articles or multimedia material posted on the FBM Sites and which may be posted on the FBM Site by Fairfax, we can only accept your content if you comply with the terms and conditions set out below.
Terms and Conditions for the Supply of Your Content
- If you send comments or content to Fairfax, you agree to be bound by these terms and conditions.
- These terms and conditions are subject to change at our sole discretion.
- You must not provide your content to Fairfax if you are under 18 years of age.
- Fairfax will determine, at its discretion and at any time, whether to publish (or remove from an FBM site) any of your content.
- Fairfax may edit your content at its sole discretion prior to posting it on the FBM site.
- You acknowledge that Faifax may use all intellectual property rights in your content throughout the world, in perpetuity, without restriction and without making payment to you, including publication of that material in hard copy publications or in electronic media, using your content in advertising and promotional material for Fairfax and permitting others to do any of these, including when Fairfax and others receive payment for this.
- You waive all moral rights in your content and consent to anything which Fairfax (or any person permitted to do so by Fairfax) may do in relation to your content which would otherwise be in breach of your moral rights. Accordingly, you agree that Fairfax may use your content without attributing you as the source of, or otherwise in relation to your content.
- You warrant that: (a) you own your content and all rights in relation to your content prior to providing it to Fairfax for posting on our FBM Sites; (b) you obtained your content in a manner which does not breach any laws or the rights of any person; (c) your content is accurate, depicts real people and events, is not digitally altered or fabricated in any way any does nto involved the impersonation of any person or entity or falsely state or otherwise misrepresent any affiliation with a person or entity; (d) your content, at the time you send it to Fairfax, contains no virus or other code or material embedded in it which will have a negative impact on Fairfax's services or infrastructure; (e) your content, your provision of your content to Fairfax and the use by Fairfax of your content, in each case as contemplated in these terms and conditions, does not breach any law (including laws relating to privacy, intellectual property and defamation) or the rights of any person; (f) you did not forge any TCP/IP packet header or any part of the header information in any email or SMS. (g) your content is not being provided for a commercial purpose (including that you are not soliciting funds or promoting particular goods or services); and
- Fairfax shall have no liability to in connection with any loss or damage (including consequential loss or damage, or loss of revenue, profits or opportunity) which may be suffered or incurred or which may arise directly or indirectly in relation to your supply of your content to Fairfax, or the subsequent use of your content by Fairfax.
- On providing your content to Fairfax for publication in any media, you indemnify Fairfax and its officers, employees and agents against any damage or loss made against or suffered by any of those indemnified arising, in whole or in part, as a result of: (a) the publication by Fairfax or a person permitted by Fairfax of your content; or (b) a breach by you of these terms and conditions.
- When you provide us with your content Fairfax will collect certain personal information about you. Details of the information we collect and its uses are set out in our /privacy.aspx" >Privacy Policy. Despite anything in that policy, however, we will not use your personal information collected in relation to you sending us your content to contact you with marketing offers, nor pass that information to our related companies for that purpose, however we may contact you for other reasons relating to your use of our site or the content you have submitted.
- These terms and conditions shall be governed by the laws of the state of New South Wales. The parties agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction there.
- Nothing in these terms and conditions has any impact on the terms and conditions of use which apply to the relevant Fairfax sites or other services.
Last updated: 16 July 2007
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