User Interactions Terms and Conditions

1.     About the Website

• Welcome to theunshackled.net (‘Website‘). The Website provides news media .
  • The Website is operated by  Tasman News Media PTY. LTD. (ABN 94 627 759 184)  . Access to and use of the Website, or any of its associated Products or Services, is provided by Tasman News Media. Please read these terms and conditions (‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
  • Tasman News Media reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Tasman News Media updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2.    
Acceptance of the Terms

• You accept the Terms by
  remaining on the Website. You may also accept the Terms by clicking to accept
  or agree to the Terms where this option is made available to you by Tasman News
  Media in the user interface.

3.    
Copyright and Intellectual
Property

• The Website, the content and
  all of the related products of Tasman News Media are subject to copyright. The
  material on the Website is protected by copyright under the laws of Australia
  and through international treaties. Unless otherwise indicated, all rights
  (including copyright) in the content and compilation of the Website (including
  but not limited to text, graphics, logos, button icons, video images, audio
  clips, Website, code, scripts, design elements and interactive features) or the
  content are owned or controlled for these purposes, and are reserved by Tasman
  News Media or its contributors.
  • All trademarks, service marks
    and trade names are owned, registered and/or licensed by Tasman News Media, who
    grants to you a worldwide, non-exclusive, royalty-free, revocable license
    whilst you are a Member to:
    • use the Website pursuant to the
      Terms;
    • copy and store the Website and
      the material contained in the Website in your device’s cache memory; and
    • print pages from the Website
      for your own personal and non-commercial use.
  • Tasman News Media does not
    grant you any other rights whatsoever in relation to the Website or the
    content. All other rights are expressly reserved by Tasman News Media.
  • Tasman News Media retains all
    rights, title and interest in and to the Website and all related content.
    Nothing you do on or in relation to the Website will transfer any:
    • business name, trading name,
      domain name, trade mark, industrial design, patent, registered design or
      copyright, or
    • a right to use or exploit a
      business name, trading name, domain name, trade mark or industrial design, or
    • a thing, system or process that
      is the subject of a patent, registered design or copyright (or an adaptation or
      modification of such a thing, system or process),
  • to you.
  • You may not, without the prior
    written permission of Tasman News Media and the permission of any other
    relevant rights owners: broadcast, republish, up-load to a third party,
    transmit, post, distribute, show or play in public, adapt or change in any way
    the content or third party content for any purpose, unless otherwise provided
    by these Terms. This prohibition does not extend to materials on the Website,
    which are freely available for re-use or are in the public domain.

4.     Privacy

• Tasman News Media takes your
  privacy seriously and any information provided through your use of the Website
  and/or content are subject to Tasman News Media’s Privacy Policy, which is
  available on the Website.

5.     General Disclaimer

• Nothing in the Terms limits or
  excludes any guarantees, warranties, representations or conditions implied or
  imposed by law, including the Australian Consumer Law (or any liability under
  them) which by law may not be limited or excluded.
  • Subject to this clause 5, and
    to the extent permitted by law:
    • all terms, guarantees,
      warranties, representations or conditions which are not expressly stated in the
      Terms are excluded; and
    • Tasman News Media will not be
      liable for any special, indirect or consequential loss or damage (unless such
      loss or damage is reasonably foreseeable resulting from our failure to meet an
      applicable Consumer Guarantee), loss of profit or opportunity, or damage to
      goodwill arising out of or in connection with the content or these Terms
      (including as a result of not being able to use the content or the late supply
      of the content), whether at common law, under contract, tort (including
      negligence), in equity, pursuant to statute or otherwise.
  • Use of the Website and the
    content is at your own risk. Everything on the Website and the content is
    provided to you “as is” and “as available” without warranty
    or condition of any kind. None of the affiliates, directors, officers,
    employees, agents, contributors and licensors of Tasman News Media make any
    express or implied representation or warranty about the content or any products
    or content (including the products or content of Tasman News Media) referred to
    on the Website. This includes (but is not restricted to) loss or damage you might
    suffer as a result of any of the following:
    • failure of performance, error,
      omission, interruption, deletion, defect, failure to correct defects, delay in
      operation or transmission, computer virus or other harmful component, loss of
      data, communication line failure, unlawful third party conduct, or theft,
      destruction, alteration or unauthorised access to records;
    • the accuracy, suitability or
      currency of any information on the Website, the content, or any of its content
      related products (including third party material and advertisements on the
      Website);
    • costs incurred as a result of
      you using the Website, the content or any of the products of Tasman News Media;
      and
    • the content or operation in
      respect to links which are provided for your convenience.

6.    
Limitation of liability

• Tasman News Media’s total
  liability arising out of or in connection with the content or these Terms,
  however arising, including under contract, tort (including negligence), in
  equity, under statute or otherwise, will not exceed the resupply of the content
  to you.
  • You expressly understand and
    agree that Tasman News Media, its affiliates, employees, agents, contributors
    and licensors shall not be liable to you for any direct, indirect, incidental,
    special consequential or exemplary damages which may be incurred by you,
    however caused and under any theory of liability. This shall include, but is
    not limited to, any loss of profit (whether incurred directly or indirectly),
    any loss of goodwill or business reputation and any other intangible loss.
  • You acknowledge and agree that
    Tasman News Media holds no liability for any direct, indirect, incidental,
    special consequential or exemplary damages which may be incurred by you as a
    result of providing your content to the Website.

7.    
Termination of Contract

• If you want to terminate the
  Terms, you may do so by providing Tasman News Media with 14 days days’ notice
  of your intention to terminate by sending notice of your intention to terminate
  to Tasman News Media via the ‘Contact Us’ link on our homepage.
  • Tasman News Media may at any
    time, terminate the Terms with you if:
    • you have breached any provision
      of the Terms or intend to breach any provision;
    • Tasman News Media is required
      to do so by law;
    • Tasman News Media is
      transitioning to no longer providing the Services to Members in the country in
      which you are resident or from which you use the service; or
    • the provision of the Services
      to you by Tasman News Media, is in the opinion of Tasman News Media, no longer
      commercially viable.
  • Subject to local applicable laws,
    Tasman News Media reserves the right to discontinue or cancel your access at
    any time and may suspend or deny, in its sole discretion, your access to all or
    any portion of the Website or the Services without notice if you breach any
    provision of the Terms or any applicable law or if your conduct impacts Tasman
    News Media’s name or reputation or violates the rights of those of another
    party.
  • When the Terms come to an end,
    all of the legal rights, obligations and liabilities that you and Tasman News
    Media have benefitted from, been subject to (or which have accrued over time
    whilst the Terms have been in force) or which are expressed to continue
    indefinitely, shall be unaffected by this cessation, and the provisions of this
    clause shall continue to apply to such rights, obligations and liabilities
    indefinitely.

8.     Indemnity

• You agree to indemnify Tasman
  News Media, its affiliates, employees, agents, contributors, third party
  content providers and licensors from and against:
  • all actions, suits, claims,
    demands, liabilities, costs, expenses, loss and damage (including legal fees on
    a full indemnity basis) incurred, suffered or arising out of or in connection
    with your content;
  • any direct or indirect
    consequences of you accessing, using or transacting on the Website or attempts
    to do so; and/or
  • any breach of the Terms.

9.     Dispute Resolution

• Compulsory:
  • If a dispute arises out of or
    relates to the Terms, either party may not commence any Tribunal or Court
    proceedings in relation to the dispute, unless the following clauses have been
    complied with (except where urgent interlocutory relief is sought).
  • Notice:
  • A party to the Terms claiming a
    dispute (‘Dispute‘) has arisen under
    the Terms, must give written notice to the other party detailing the nature of
    the dispute, the desired outcome and the action required to settle the Dispute.
  • Resolution:
  • On receipt of that notice (‘Notice‘) by that other party, the
    parties to the Terms (‘Parties‘)
    must:
    • Within 14 days of the Notice
      endeavour in good faith to resolve the Dispute expeditiously by negotiation or
      such other means upon which they may mutually agree;
    • If for any reason whatsoever,
      14 days after the date of the Notice, the Dispute has not been resolved, the
      Parties must either agree upon selection of a mediator or request that an
      appropriate mediator be appointed by the President of the Dispute Settlement
      Centre of Victoria or his or her nominee;
    • The Parties are equally liable
      for the fees and reasonable expenses of a mediator and the cost of the venue of
      the mediation and without limiting the foregoing undertake to pay any amounts
      requested by the mediator as a pre-condition to the mediation commencing. The
      Parties must each pay their own costs associated with the mediation;
    • The mediation will be held in
      Melbourne, Australia.
  • Confidential
  • All communications concerning
    negotiations made by the Parties arising out of and in connection with this
    dispute resolution clause are confidential and to the extent possible, must be
    treated as “without prejudice” negotiations for the purpose of
    applicable laws of evidence.
  • Termination of Mediation:
  • If 21 days have elapsed after
    the start of a mediation of the Dispute and the Dispute has not been resolved,
    either Party may ask the mediator to terminate the mediation and the mediator
    must do so.

10.  Venue and Jurisdiction

• The Services offered by Tasman
  News Media is intended to be viewed by residents of Australia. In the event of
  any dispute arising out of or in relation to the Website, you agree that the
  exclusive venue for resolving any dispute shall be in the courts of Victoria,
  Australia.

11.  Governing Law

• The Terms are governed by the
  laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever
  nature arising out of or in any way relating to the Terms and the rights
  created hereby shall be governed, interpreted and construed by, under and
  pursuant to the laws of Victoria, Australia, without reference to conflict of
  law principles, notwithstanding mandatory rules. The validity of this governing
  law clause is not contested. The Terms shall be binding to the benefit of the
  parties hereto and their successors and assigns.

12.  Independent Legal Advice

• Both parties confirm and
  declare that the provisions of the Terms are fair and reasonable and both
  parties having taken the opportunity to obtain independent legal advice and
  declare the Terms are not against public policy on the grounds of inequality or
  bargaining power or general grounds of restraint of trade.

13.  Severance

• If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Unshackled Membership Terms and Conditions

1.     About the Website

• Welcome to theunshackled.net/membership (the ‘Website‘). The Website offers monthly and annual subscriptions (the ‘Services‘).
  • The Website is operated by  Tasman News Media PTY. LTD. (ABN 94 627 759 184)  . Access to and use of the Website, or any of its associated Products or Services, is provided by Tasman News Media. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
  • Tasman News Media reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Tasman News Media updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2.    
Acceptance of the Terms

• You accept the Terms by
  remaining on the Website. You may also accept the Terms by clicking to accept
  or agree to the Terms where this option is made available to you by Tasman News
  Media in the user interface.

3.    
Subscription to use the
Services

• In order to access the
  Services, you must first purchase a subscription through the Website (the ‘Subscription‘) and pay the applicable
  fee for the selected Subscription (the ‘Subscription
  Fee‘).
  • In purchasing the Subscription,
    you acknowledge and agree that it is your responsibility to ensure that the
    Subscription you elect to purchase is suitable for your use.
  • Once you have purchased the
    Subscription, you will then be required to register for an account through the
    Website before you can access the Services (the ‘ Account‘).
  • As part of the registration
    process, or as part of your continued use of the Services, you may be required
    to provide personal information about yourself (such as identification or
    contact details), including:
    • Email address
    • Preferred username
    • Mailing address
    • Telephone number
    • Password
    • Customer name
  • You warrant that any
    information you give to Tasman News Media in the course of completing the
    registration process will always be accurate, correct and up to date.
  • Once you have completed the
    registration process, you will be a registered member of the Website (‘Member‘) and agree to be bound by the
    Terms. As a Member you will be granted immediate access to the Services from
    the time you have completed the registration process until the subscription
    period expires (the ‘Subscription Period‘).
  • You may not use the Services
    and may not accept the Terms if:
    • you are not of legal age to
      form a binding contract with Tasman News Media; or
    • you are a person barred from
      receiving the Services under the laws of Australia or other countries including
      the country in which you are resident or from which you use the Services.

4.    
Your obligations as a Member

• As a Member, you agree to
  comply with the following:
  • you will use the Services only
    for purposes that are permitted by:
    • the Terms; and
    • any applicable law, regulation
      or generally accepted practices or guidelines in the relevant jurisdictions;
  • you have the sole
    responsibility for protecting the confidentiality of your password and/or email
    address. Use of your password by any other person may result in the immediate
    cancellation of the Services;
  • any use of your registration
    information by any other person, or third parties, is strictly prohibited. You
    agree to immediately notify Tasman News Media of any unauthorised use of your
    password or email address or any breach of security of which you have become
    aware;
  • access and use of the Website
    is limited, non-transferable and allows for the sole use of the Website by you
    for the purposes of Tasman News Media providing the Services;
  • you will not use the Services
    or the Website in connection with any commercial endeavours except those that
    are specifically endorsed or approved by the management of Tasman News Media;
  • you will not use the Services
    or Website for any illegal and/or unauthorised use which includes collecting
    email addresses of Members by electronic or other means for the purpose of
    sending unsolicited email or unauthorised framing of or linking to the Website;
  • you agree that commercial
    advertisements, affiliate links, and other forms of solicitation may be removed
    from the Website without notice and may result in termination of the Services.
    Appropriate legal action will be taken by Tasman News Media for any illegal or
    unauthorised use of the Website; and
  • you acknowledge and agree that
    any automated use of the Website or its Services is prohibited.

5.     Payment

• Where the option is given to
  you, you may make payment of the Subscription Fee by way of:
  • PayPal (‘PayPal‘)
  • Crypocurrency
  • All payments made in the course
    of your use of the Services are made using eWay, PayPal and CoinPayments.net.
    In using the Website, the Services or when making any payment in relation to
    your use of the Services, you warrant that you have read, understood and agree
    to be bound by the eWay, PayPal and CoinPayments.net terms and conditions which
    are available on their website.
  • You acknowledge and agree that
    where a request for the payment of the Subscription Fee is returned or denied,
    for whatever reason, by your financial institution or is unpaid by you for any
    other reason, then you are liable for any costs, including banking fees and
    charges, associated with the Subscription Fee .
  • You agree and acknowledge that
    Tasman News Media can vary the Subscription Fee at any time  and that the varied Subscription Fee will
    come into effect following the conclusion of the existing Subscription Period.

6.     Refund Policy

• Tasman News Media will only
  provide you with a refund of the Subscription Fee in the event they are unable
  to continue to provide the Services or if the manager of Tasman News Media
  makes a decision, at its absolute discretion, that it is reasonable to do so
  under the circumstances . Where this occurs, the refund will be in the
  proportional amount of the Subscription Fee that remains unused by the Member
  (the ‘Refund‘).

7.    
Copyright and Intellectual
Property

• The Website, the Services and
  all of the related products of Tasman News Media are subject to copyright. The
  material on the Website is protected by copyright under the laws of Australia
  and through international treaties. Unless otherwise indicated, all rights
  (including copyright) in the Services and compilation of the Website (including
  but not limited to text, graphics, logos, button icons, video images, audio
  clips, Website, code, scripts, design elements and interactive features) or the
  Services are owned or controlled for these purposes, and are reserved by Tasman
  News Media or its contributors.
  • All trademarks, service marks
    and trade names are owned, registered and/or licensed by Tasman News Media, who
    grants to you a worldwide, non-exclusive, royalty-free, revocable license
    whilst you are a Member to:
    • use the Website pursuant to the
      Terms;
    • copy and store the Website and
      the material contained in the Website in your device’s cache memory; and
    • print pages from the Website
      for your own personal and non-commercial use.
  • Tasman News Media does not
    grant you any other rights whatsoever in relation to the Website or the
    Services. All other rights are expressly reserved by Tasman News Media.
  • Tasman News Media retains all
    rights, title and interest in and to the Website and all related Services.
    Nothing you do on or in relation to the Website will transfer any:
    • business name, trading name,
      domain name, trade mark, industrial design, patent, registered design or
      copyright, or
    • a right to use or exploit a
      business name, trading name, domain name, trade mark or industrial design, or
    • a thing, system or process that
      is the subject of a patent, registered design or copyright (or an adaptation or
      modification of such a thing, system or process),
  • to you.
  • You may not, without the prior
    written permission of Tasman News Media and the permission of any other
    relevant rights owners: broadcast, republish, up-load to a third party,
    transmit, post, distribute, show or play in public, adapt or change in any way
    the Services or third party Services for any purpose, unless otherwise provided
    by these Terms. This prohibition does not extend to materials on the Website,
    which are freely available for re-use or are in the public domain.

8.     Privacy

• Tasman News Media takes your
  privacy seriously and any information provided through your use of the Website
  and/or Services are subject to Tasman News Media’s Privacy Policy, which is
  available on the Website.

9.     General Disclaimer

• Nothing in the Terms limits or
  excludes any guarantees, warranties, representations or conditions implied or
  imposed by law, including the Australian Consumer Law (or any liability under
  them) which by law may not be limited or excluded.
  • Subject to this clause, and to
    the extent permitted by law:
    • all terms, guarantees,
      warranties, representations or conditions which are not expressly stated in the
      Terms are excluded; and
    • Tasman News Media will not be
      liable for any special, indirect or consequential loss or damage (unless such
      loss or damage is reasonably foreseeable resulting from our failure to meet an
      applicable Consumer Guarantee), loss of profit or opportunity, or damage to
      goodwill arising out of or in connection with the Services or these Terms
      (including as a result of not being able to use the Services or the late supply
      of the Services), whether at common law, under contract, tort (including
      negligence), in equity, pursuant to statute or otherwise.
  • Use of the Website and the
    Services is at your own risk. Everything on the Website and the Services is
    provided to you “as is” and “as available” without warranty
    or condition of any kind. None of the affiliates, directors, officers,
    employees, agents, contributors and licensors of Tasman News Media make any
    express or implied representation or warranty about the Services or any
    products or Services (including the products or Services of Tasman News Media)
    referred to on the Website. includes (but is not restricted to) loss or damage
    you might suffer as a result of any of the following:
    • failure of performance, error,
      omission, interruption, deletion, defect, failure to correct defects, delay in
      operation or transmission, computer virus or other harmful component, loss of
      data, communication line failure, unlawful third party conduct, or theft,
      destruction, alteration or unauthorised access to records;
    • the accuracy, suitability or
      currency of any information on the Website, the Services, or any of its
      Services related products (including third party material and advertisements on
      the Website);
    • costs incurred as a result of
      you using the Website, the Services or any of the products of Tasman News
      Media; and
    • the Services or operation in
      respect to links which are provided for your convenience.

10.  Limitation of liability

• Tasman News Media’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
  • You expressly understand and agree that Tasman News Media, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

11.  Termination of Contract

• The Terms will continue to apply until terminated by either you or by Tasman News Media as set out below.
  • If you want to terminate the Terms, you may do so by:
    • providing Tasman News Media with 2 days’ notice of your intention to terminate; and
    • closing your accounts for all of the services which you use, where Tasman News Media has made this option available to you.
  • Your notice should be sent, in writing, to Tasman News Media via the ‘Contact Us’ link on our homepage.
  • Tasman News Media may at any time, terminate the Terms with you if:
    • you have breached any provision of the Terms or intend to breach any provision;
    • Tasman News Media is required to do so by law;
    • the provision of the Services to you by Tasman News Media is, in the opinion of Tasman News Media, no longer commercially viable.
  • Subject to local applicable laws, Tasman News Media reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Tasman News Media’s name or reputation or violates the rights of those of another party.

12.  Indemnity

• You agree to indemnify Tasman News Media, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
  • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
  • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
  • any breach of the Terms.

13.  Dispute Resolution

           
13.1. Compulsory:

• If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

           
13.2. Notice:

• A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

           
13.3. Resolution:

• On receipt of that notice (‘Notice‘) by that other party, the
  parties to the Terms (‘Parties‘)
  must:
  • Within 14 days of the Notice
    endeavour in good faith to resolve the Dispute expeditiously by negotiation or
    such other means upon which they may mutually agree;
  • If for any reason whatsoever,
    14 days after the date of the Notice, the Dispute has not been resolved, the
    Parties must either agree upon selection of a mediator or request that an
    appropriate mediator be appointed by the President of the Dispute Settlement
    Centre of Victoria or his or her nominee;
  • The Parties are equally liable
    for the fees and reasonable expenses of a mediator and the cost of the venue of
    the mediation and without limiting the foregoing undertake to pay any amounts
    requested by the mediator as a pre-condition to the mediation commencing. The
    Parties must each pay their own costs associated with the mediation;
  • The mediation will be held in
    Melbourne, Australia.

           
13.4. Confidential:

• All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

           
13.5. Termination of Mediation:

• If 21 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

14.  Venue and Jurisdiction

• The Services offered by Tasman
  News Media is intended to be viewed by residents of Australia. In the event of
  any dispute arising out of or in relation to the Website, you agree that the
  exclusive venue for resolving any dispute shall be in the courts of Victoria,
  Australia.

15.  Governing Law

• The Terms are governed by the
  laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of
  whatever nature arising out of or in any way relating to the Terms and the
  rights created hereby shall be governed, interpreted and construed by, under
  and pursuant to the laws of Victoria, Australia, without reference to conflict
  of law principles, notwithstanding mandatory rules. The validity of this
  governing law clause is not contested. The Terms shall be binding to the
  benefit of the parties hereto and their successors and assigns.

16.  Independent Legal Advice

• Both parties confirm and
  declare that the provisions of the Terms are fair and reasonable and both
  parties having taken the opportunity to obtain independent legal advice and
  declare the Terms are not against public policy on the grounds of inequality or
  bargaining power or general grounds of restraint of trade.

17.  Severance

• If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Unshackled Store Terms and Conditions

1.     About the Website

• Welcome to theunshackled.net/store (the ‘Website‘). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products‘). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services‘).
  • The Website is operated by  Tasman News Media PTY. LTD. (ABN 94 627 759 184)  . Access to and use of the Website, or any of its associated Products or Services, is provided by Tasman News Media. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
  • Tasman News Media reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Tasman News Media updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2.    
Acceptance of the Terms

• You accept the Terms by
  remaining on the Website. You may also accept the Terms by clicking to accept
  or agree to the Terms where this option is made available to you by Tasman News
  Media in the user interface.

3.    
Registration to use the
Purchase Services

• In order to access the Purchase
  Services, you must first register as a user of the Website. As part of the
  registration process, or as part of your continued use of the Purchase
  Services, you may be required to provide personal information about yourself
  (such as identification or contact details), including:
  • Email address
  • Preferred username
  • Mailing address
  • Telephone number
  • Password
  • Customer name
  • You warrant that any
    information you give to Tasman News Media in the course of completing the
    registration process will always be accurate, correct and up to date.
  • Once you have completed the
    registration process, you will be a registered member of the Website (‘Member‘) and agree to be bound by the
    Terms. As a Member you will be granted immediate access to the Purchase
    Services.
  • You may not use the Purchase
    Services and may not accept the Terms if:
    • you are not of legal age to
      form a binding contract with Tasman News Media; or
    • you are a person barred from
      receiving the Purchase Services under the laws of Australia or other countries
      including the country in which you are resident or from which you use the
      Purchase Services.

4.    
Your obligations as a Member

• As a Member, you agree to
  comply with the following:
  • You will use the Purchase
    Services only for purposes that are permitted by:
    • the Terms;
    • any applicable law, regulation
      or generally accepted practices or guidelines in the relevant jurisdictions;
    • you have the sole
      responsibility for protecting the confidentiality of your password and/or email
      address. Use of your password by any other person may result in the immediate
      cancellation of the Purchase Services;
    • any use of your registration
      information by any other person, or third parties, is strictly prohibited. You
      agree to immediately notify Tasman News Media of any unauthorised use of your
      password or email address or any breach of security of which you have become
      aware;
    • access and use of the Website
      is limited, non-transferable and allows for the sole use of the Website by you
      for the purposes of Tasman News Media providing the Purchase Services;
    • you will not use the Purchase
      Services or Website for any illegal and/or unauthorised use which includes
      collecting email addresses of Members by electronic or other means for the
      purpose of sending unsolicited email or unauthorised framing of or linking to
      the Website;
    • you agree that commercial
      advertisements, affiliate links, and other forms of solicitation may be removed
      from the Website without notice and may result in termination of the Purchase
      Services. Appropriate legal action will be taken by Tasman News Media for any
      illegal or unauthorised use of the Website; and
    • you acknowledge and agree that
      any automated use of the Website or its Purchase Services is prohibited.

5.    
Purchase of Products and
Returns Policy

• In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price‘).
  • Payment of the Purchase Price may be made through eWay, PayPal and CoinPayments.net (the ‘Payment Gateway Provider‘)
  • In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
  • Following payment of the Purchase Price being confirmed by Tasman News Media, you will be issued with a receipt to confirm that the payment has been received and Tasman News Media may record your purchase details for future use.
  • Tasman News Media may, at their sole discretion, provide a refund on the return of the Products if you change your mind within 60 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
  • If the Products are defective or faulty then as per under Australian Consumer Law we will issue a full refund including covering the shipping costs of returning the item.

6.     Warranty

• Tasman News Media’s Products
  come with guarantees that cannot be excluded under the Australian Consumer Law.
  You are entitled to a replacement or refund for a major failure of the Product.
  You are also entitled to have the Products repaired or replaced if the Products
  fail to be of acceptable quality and the failure does not amount to a major
  failure (the ‘Warranty‘).
  • You may make a claim under this
    clause (the ‘ Warranty Claim‘) for
    material defects and workmanship in the Products within 60 Days from the date
    of purchase (the ‘ Warranty Period‘).
  • In order to make a Warranty
    Claim during the Warranty Period, you must provide proof of purchase to Tasman
    News Media showing the date of purchase of the Products, provide a description
    of the Products and the price paid for the Products by sending written notice
    to Tasman News Media at PO Box 1206, Huntingdale, Victoria, 3166 or by email at
    the_unshackled@outlook.com.
  • Where the Warranty Claim is
    accepted then Tasman News Media will, at its sole discretion, either repair or
    replace any defective Products or part thereof with a new or remanufactured
    equivalent during the Warranty Period at no charge to you for parts or labour.
    You acknowledge and agree that you will be solely liable for any postage or
    shipping costs incurred in facilitating the Warranty Claim.
  • The Warranty shall be the sole
    and exclusive warranty granted by Tasman News Media and shall be the sole and
    exclusive remedy available to you in addition to other rights and under a law
    in relation to the Products to which this warranty relates.
  • All implied warranties
    including the warranties of merchantability and fitness for use are limited to
    the Warranty Period.
  • The Warranty does not apply to
    any appearance of the supplied Products nor to the additional excluded items
    set forth below nor to any supplied Products where the exterior of which has
    been damaged or defaced, which has been subjected to misuse, abnormal service
    or handling, or which has been altered or modified in design or construction.

7.     Delivery

• You acknowledge that the
  Purchase Services offered by Tasman News Media integrate delivery (the ‘ Delivery Services‘) through the use of
  third party delivery companies (the ‘ Delivery
  Service Providers‘).
  • In providing the Purchase
    Services, Tasman News Media may provide you with a variety of delivery and
    insurance options offered as part of the Delivery Services by the Delivery
    Service Providers. You acknowledge and agree that Tasman News Media is not the
    provider of these delivery and insurance options and merely facilitates your
    interaction with the Delivery Service Providers in respect to providing the
    Delivery Services.
  • In the event that an item is
    lost or damaged in the course of the Delivery Services, Tasman News Media asks
    that you:
    • contact the Delivery Service
      Provider directly to request a refund or to claim on any insurance options
      available; and
    • contact us by sending an email
      to https://auspost.com.au/help-and-support outlining in what way the Products
      were damaged in transit so we are able to determine if the Delivery Service
      Provider should be removed from the Purchase Services.

8.    
Copyright and Intellectual
Property

• The Website, the Purchase
  Services and all of the related products of Tasman News Media are subject to
  copyright. The material on the Website is protected by copyright under the laws
  of Australia and through international treaties. Unless otherwise indicated,
  all rights (including copyright) in the site content and compilation of the
  website (including text, graphics, logos, button icons, video images, audio
  clips and software) (the ‘Content‘)
  are owned or controlled for these purposes, and are reserved by Tasman News
  Media or its contributors.
  • Tasman News Media retains all
    rights, title and interest in and to the Website and all related content.
    Nothing you do on or in relation to the Website will transfer to you:
    • the business name, trading
      name, domain name, trade mark, industrial design, patent, registered design or
      copyright of Tasman News Media; or
    • the right to use or exploit a
      business name, trading name, domain name, trade mark or industrial design; or
    • a system or process that is the
      subject of a patent, registered design or copyright (or an adaptation or
      modification of such a system or process).
  • You may not, without the prior
    written permission of Tasman News Media and the permission of any other
    relevant rights owners: broadcast, republish, up-load to a third party,
    transmit, post, distribute, show or play in public, adapt or change in any way
    the Content or third party content for any purpose. This prohibition does not
    extend to materials on the Website, which are freely available for re-use or
    are in the public domain.

9.     Privacy

• Tasman News Media takes your
  privacy seriously and any information provided through your use of the
  Application and/or the Purchase Services are subject to Tasman News Media’s
  Privacy Policy, which is available on the Application.

10.  General Disclaimer

• You acknowledge that Tasman News Media does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
  • Tasman News Media will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
  • Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
  • Subject to this clause, and to the extent permitted by law:
    • all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
    • Tasman News Media will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
  • Use of the Website, the Purchase Services, and any of the products of Tasman News Media (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Tasman News Media, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Tasman News Media (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Tasman News Media) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
    • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
    • the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
    • costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
    • the Content or operation in respect to links which are provided for the User’s convenience;
    • any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
    • any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

11.  Limitation of Liability

• Tasman News Media’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Tasman News Media is the resupply of information or Purchase Services to you.
  • You expressly understand and agree that Tasman News Media, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
  • Tasman News Media is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Tasman News Media, by third parties or by any of the Purchase Services offered by Tasman News Media.
  • You acknowledge that Tasman News Media does not provide the Delivery Services to you and you agree that Tasman News Media will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

12.  Termination of Contract

• The Terms will continue to apply until terminated by either you or by Tasman News Media as set out below.
  • If you want to terminate the Terms, you may do so by:
    • notifying Tasman News Media at any time; and
    • closing your accounts for all of the Purchase Services which you use, where Tasman News Media has made this option available to you.
  • Your notice should be sent, in writing, to Tasman News Media via the ‘Contact Us’ link on our homepage.
  • Tasman News Media may at any time, terminate the Terms with you if:
    • you have breached any provision of the Terms or intend to breach any provision;
    • Tasman News Media is required to do so by law;
    • the partner with whom Tasman News Media offered the Purchase Services to you has terminated its relationship with Tasman News Media or ceased to offer the Purchase Services to you;
    • Tasman News Media is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
    • the provision of the Purchase Services to you by Tasman News Media is, in the opinion of Tasman News Media, no longer commercially viable.
  • Subject to local applicable laws, Tasman News Media reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Tasman News Media’s name or reputation or violates the rights of those of another party.
  • When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Tasman News Media have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

13.  Indemnity

• You agree to indemnify Tasman News Media, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
  • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
  • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
  • any breach of the Terms.

14.  Dispute Resolution

• Compulsory:
  If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
  • Notice:
    A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
  • Resolution:
    On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:
    • Within 60 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
    • If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Dispute Settlement Centre of Victoria or his or her nominee;
    • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
    • The mediation will be held in Melbourne, Australia.
  • Confidential
    All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
  • Termination of Mediation:
    If 21 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

15.  Venue and Jurisdiction

• The Purchase Services offered
  by Tasman News Media is intended to be viewed by residents of Australia. In the
  event of any dispute arising out of or in relation to the Website, you agree
  that the exclusive venue for resolving any dispute shall be in the courts of
  Victoria, Australia.

16.  Governing Law

• The Terms are governed by the
  laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of
  whatever nature arising out of or in any way relating to the Terms and the
  rights created hereby shall be governed, interpreted and construed by, under
  and pursuant to the laws of Victoria, Australia, without reference to conflict
  of law principles, notwithstanding mandatory rules. The validity of this
  governing law clause is not contested. The Terms shall be binding to the
  benefit of the parties hereto and their successors and assigns.

17.  Independent Legal Advice

• Both parties confirm and
  declare that the provisions of the Terms are fair and reasonable and both
  parties having taken the opportunity to obtain independent legal advice and
  declare the Terms are not against public policy on the grounds of inequality or
  bargaining power or general grounds of restraint of trade.

18.  Severance

• If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Unshackled Donations Terms and Conditions

1.     About the Website

• Welcome to theunshackled.net/donate (the ‘Website‘). The Website provides for supporters to contribute donations (the ‘Services‘).
  • The Website is operated by  Tasman News Media PTY. LTD. (ABN 94 627 759 184)  . Access to and use of the Website, or any of its associated Products or Services, is provided by Tasman News Media. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
  • Tasman News Media reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Tasman News Media updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2.    
Acceptance of the Terms

• You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Tasman News Media in the user interface.

3. Donations Policy

• theunshackled.net is an independent start-up that receives no government funds whatsoever. It relies on advertising revenue and supporter financial contributions where ordinary people support it through small contributions and/or subscription memberships to fund our operations.

• Financial contributions to The Unshackled are considered gratuitous gifts and do not result in any equity or other ownership or rights to contributors.

• Please note that contributions to The Unshackled are not tax deductible.

4.     Copyright and Intellectual Property

• The Website, the content and
  all of the related products of Tasman News Media are subject to copyright. The
  material on the Website is protected by copyright under the laws of Australia
  and through international treaties. Unless otherwise indicated, all rights
  (including copyright) in the content and compilation of the Website (including
  but not limited to text, graphics, logos, button icons, video images, audio
  clips, Website, code, scripts, design elements and interactive features) or the
  content are owned or controlled for these purposes, and are reserved by Tasman
  News Media or its contributors.
  • All trademarks, service marks
    and trade names are owned, registered and/or licensed by Tasman News Media, who
    grants to you a worldwide, non-exclusive, royalty-free, revocable license
    whilst you are a Member to:
    • use the Website pursuant to the
      Terms;
    • copy and store the Website and
      the material contained in the Website in your device’s cache memory; and
    • print pages from the Website
      for your own personal and non-commercial use.
  • Tasman News Media does not
    grant you any other rights whatsoever in relation to the Website or the
    content. All other rights are expressly reserved by Tasman News Media.
  • Tasman News Media retains all
    rights, title and interest in and to the Website and all related content.
    Nothing you do on or in relation to the Website will transfer any:
    • business name, trading name,
      domain name, trade mark, industrial design, patent, registered design or
      copyright, or
    • a right to use or exploit a
      business name, trading name, domain name, trade mark or industrial design, or
    • a thing, system or process that
      is the subject of a patent, registered design or copyright (or an adaptation or
      modification of such a thing, system or process),
  • to you.
  • You may not, without the prior
    written permission of Tasman News Media and the permission of any other
    relevant rights owners: broadcast, republish, up-load to a third party,
    transmit, post, distribute, show or play in public, adapt or change in any way
    the content or third party content for any purpose, unless otherwise provided
    by these Terms. This prohibition does not extend to materials on the Website,
    which are freely available for re-use or are in the public domain.

5.     Privacy

• Tasman News Media takes your
  privacy seriously and any information provided through your use of the Website
  and/or content are subject to Tasman News Media’s Privacy Policy, which is
  available on the Website.

6.     General Disclaimer

• Nothing in the Terms limits or
  excludes any guarantees, warranties, representations or conditions implied or
  imposed by law, including the Australian Consumer Law (or any liability under
  them) which by law may not be limited or excluded.
  • Subject to this clause 5, and
    to the extent permitted by law:
    • all terms, guarantees,
      warranties, representations or conditions which are not expressly stated in the
      Terms are excluded; and
    • Tasman News Media will not be
      liable for any special, indirect or consequential loss or damage (unless such
      loss or damage is reasonably foreseeable resulting from our failure to meet an
      applicable Consumer Guarantee), loss of profit or opportunity, or damage to
      goodwill arising out of or in connection with the content or these Terms
      (including as a result of not being able to use the content or the late supply
      of the content), whether at common law, under contract, tort (including
      negligence), in equity, pursuant to statute or otherwise.
  • Use of the Website and the
    content is at your own risk. Everything on the Website and the content is
    provided to you “as is” and “as available” without warranty
    or condition of any kind. None of the affiliates, directors, officers,
    employees, agents, contributors and licensors of Tasman News Media make any
    express or implied representation or warranty about the content or any products
    or content (including the products or content of Tasman News Media) referred to
    on the Website. This includes (but is not restricted to) loss or damage you might
    suffer as a result of any of the following:
    • failure of performance, error,
      omission, interruption, deletion, defect, failure to correct defects, delay in
      operation or transmission, computer virus or other harmful component, loss of
      data, communication line failure, unlawful third party conduct, or theft,
      destruction, alteration or unauthorised access to records;
    • the accuracy, suitability or
      currency of any information on the Website, the content, or any of its content
      related products (including third party material and advertisements on the
      Website);
    • costs incurred as a result of
      you using the Website, the content or any of the products of Tasman News Media;
      and
    • the content or operation in
      respect to links which are provided for your convenience.

7.     Limitation of liability

• Tasman News Media’s total
  liability arising out of or in connection with the content or these Terms,
  however arising, including under contract, tort (including negligence), in
  equity, under statute or otherwise, will not exceed the resupply of the content
  to you.
  • You expressly understand and
    agree that Tasman News Media, its affiliates, employees, agents, contributors
    and licensors shall not be liable to you for any direct, indirect, incidental,
    special consequential or exemplary damages which may be incurred by you,
    however caused and under any theory of liability. This shall include, but is
    not limited to, any loss of profit (whether incurred directly or indirectly),
    any loss of goodwill or business reputation and any other intangible loss.
  • You acknowledge and agree that
    Tasman News Media holds no liability for any direct, indirect, incidental,
    special consequential or exemplary damages which may be incurred by you as a
    result of providing your content to the Website.

8.     Termination of Contract

• If you want to terminate the
  Terms, you may do so by providing Tasman News Media with 14 days days’ notice
  of your intention to terminate by sending notice of your intention to terminate
  to Tasman News Media via the ‘Contact Us’ link on our homepage.
  • Tasman News Media may at any
    time, terminate the Terms with you if:
    • you have breached any provision
      of the Terms or intend to breach any provision;
    • Tasman News Media is required
      to do so by law;
    • Tasman News Media is
      transitioning to no longer providing the Services to Members in the country in
      which you are resident or from which you use the service; or
    • the provision of the Services
      to you by Tasman News Media, is in the opinion of Tasman News Media, no longer
      commercially viable.
  • Subject to local applicable laws,
    Tasman News Media reserves the right to discontinue or cancel your access at
    any time and may suspend or deny, in its sole discretion, your access to all or
    any portion of the Website or the Services without notice if you breach any
    provision of the Terms or any applicable law or if your conduct impacts Tasman
    News Media’s name or reputation or violates the rights of those of another
    party.
  • When the Terms come to an end,
    all of the legal rights, obligations and liabilities that you and Tasman News
    Media have benefitted from, been subject to (or which have accrued over time
    whilst the Terms have been in force) or which are expressed to continue
    indefinitely, shall be unaffected by this cessation, and the provisions of this
    clause shall continue to apply to such rights, obligations and liabilities
    indefinitely.

9.     Indemnity

• You agree to indemnify Tasman
  News Media, its affiliates, employees, agents, contributors, third party
  content providers and licensors from and against:
  • all actions, suits, claims,
    demands, liabilities, costs, expenses, loss and damage (including legal fees on
    a full indemnity basis) incurred, suffered or arising out of or in connection
    with your content;
  • any direct or indirect
    consequences of you accessing, using or transacting on the Website or attempts
    to do so; and/or
  • any breach of the Terms.

10.     Dispute Resolution

• Compulsory:
  • If a dispute arises out of or
    relates to the Terms, either party may not commence any Tribunal or Court
    proceedings in relation to the dispute, unless the following clauses have been
    complied with (except where urgent interlocutory relief is sought).
  • Notice:
  • A party to the Terms claiming a
    dispute (‘Dispute‘) has arisen under
    the Terms, must give written notice to the other party detailing the nature of
    the dispute, the desired outcome and the action required to settle the Dispute.
  • Resolution:
  • On receipt of that notice (‘Notice‘) by that other party, the
    parties to the Terms (‘Parties‘)
    must:
    • Within 14 days of the Notice
      endeavour in good faith to resolve the Dispute expeditiously by negotiation or
      such other means upon which they may mutually agree;
    • If for any reason whatsoever,
      14 days after the date of the Notice, the Dispute has not been resolved, the
      Parties must either agree upon selection of a mediator or request that an
      appropriate mediator be appointed by the President of the Dispute Settlement
      Centre of Victoria or his or her nominee;
    • The Parties are equally liable
      for the fees and reasonable expenses of a mediator and the cost of the venue of
      the mediation and without limiting the foregoing undertake to pay any amounts
      requested by the mediator as a pre-condition to the mediation commencing. The
      Parties must each pay their own costs associated with the mediation;
    • The mediation will be held in
      Melbourne, Australia.
  • Confidential
  • All communications concerning
    negotiations made by the Parties arising out of and in connection with this
    dispute resolution clause are confidential and to the extent possible, must be
    treated as “without prejudice” negotiations for the purpose of
    applicable laws of evidence.
  • Termination of Mediation:
  • If 21 days have elapsed after
    the start of a mediation of the Dispute and the Dispute has not been resolved,
    either Party may ask the mediator to terminate the mediation and the mediator
    must do so.

11.  Venue and Jurisdiction

• The Services offered by Tasman
  News Media is intended to be viewed by residents of Australia. In the event of
  any dispute arising out of or in relation to the Website, you agree that the
  exclusive venue for resolving any dispute shall be in the courts of Victoria,
  Australia.

12.  Governing Law

• The Terms are governed by the
  laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever
  nature arising out of or in any way relating to the Terms and the rights
  created hereby shall be governed, interpreted and construed by, under and
  pursuant to the laws of Victoria, Australia, without reference to conflict of
  law principles, notwithstanding mandatory rules. The validity of this governing
  law clause is not contested. The Terms shall be binding to the benefit of the
  parties hereto and their successors and assigns.

13.  Independent Legal Advice

• Both parties confirm and
  declare that the provisions of the Terms are fair and reasonable and both
  parties having taken the opportunity to obtain independent legal advice and
  declare the Terms are not against public policy on the grounds of inequality or
  bargaining power or general grounds of restraint of trade.

14.  Severance

1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.