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- 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.
- 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.
- 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),
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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).
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.