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Terms and Conditions

Terms of Use

The terms and conditions set out below ("Terms and Conditions") govern your use of www.debate.net.au website ("Site"). By using the Site, you must accept and abide by the Terms and Conditions. If you do not accept the Terms and Conditions, you are not permitted to use the Site and you must refrain from using it.

The site is owned and operated by Fine Line Design & Publishing Pty Ltd corporate ("FLD&P") ABN 99 088 782 398 and its related bodies. Unit 1, 10 Thesiger Court Deakin ACT. If you have any complaints or questions regarding the Site or the Terms and Conditions then you can email This e-mail address is being protected from spambots. You need JavaScript enabled to view it

If you are an advertiser on the Site, these Terms and Conditions apply to you in addition to the FLD&P Advertising Terms and Conditions. A copy of the FLD&P Advertising Terms and Conditions are available here. To the extent of any inconsistency, these Terms and Conditions prevail in relation to your use of the Site. FLD&P reserves the right to make changes to these Terms and Conditions which will be effective once they are published on the Site. You should revisit this area of the Site regularly to check the Terms and Conditions.

Use of the Site by you

You agree to only use the Site for purposes permitted by the Terms and Conditions. You are responsible for all equipment and software used to access the Site.

You must not:

  • use the Site directly or indirectly for any activity which breaches any laws, infringes a third party's rights, is unlawful, or breaches the Terms and Conditions;
  • use the Site directly or indirectly to post or transmit any information, data, text, software, music, sound, photographs, graphics, video, messages or other material (Content) unlawfully, or which is obscene, indecent, uses offensive language, defames, abuses, harasses, stalks, threatens, menaces, offends or restricts any person, or which prevents any other user from using or enjoying the Site or which is false, misleading or deceptive in any way;
  • submit for posting or otherwise distribute any Content in any way which violates, plagiarises or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary or moral rights;
  • use the Site directly or indirectly, or use any service provided on the Site, to conduct surveys, contests, pyramid schemes, or send chain letters, junk email or any other duplicative or unsolicited messages (commercial or otherwise);
  • attempt to gain unauthorised access to the Site or use another person's name, registration account or password;
  • create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message; except if the real name of the sender is disclosed to the site administrator.
  • tamper with, hinder the operation of or make unauthorised modifications to the Site;
  • knowingly transmit any virus or other disabling feature to the Site; or
  • collect information about others, including email addresses, without their consent.

Disclaimer and limitation of liability

To the extent permitted by law, FLD&P and its information contributors and associated service providers exclude all warranties, including without limitation, as to the availability, accuracy, completeness, currency or reliability of the information, products or services, including products or services of any third party, that are made available via the Site.

FLD&P does not investigate or endorse any person, company or organisation that uses, advertises or posts on the Site or any products or services ("Products") offered for sale by them. The availability of information through the Site does not constitute advice about the appropriateness, value or suitability of any Product, any particular transaction or course of action nor does it constitute any recommendation or endorsement by FLD&P of any Product or to you to enter into any transaction or follow any course of action. Any decision that you make about any Products offered through the Site or referred to or advertised on the Site must be based solely on your own evaluation of your circumstances and objectives and of the Product and of its true value. FLD&P recommends that you independently verify the accuracy, currency or reliability of any information made available via the Site and upon which you intend to rely.

The Site and information available on it are provided on an "as is" basis. You understand that by using this Site, you may be exposes to content that is posted by third parties which you may find indecent or objectionable.

FLD&P makes no warranty that the Site will be free from viruses or any kind of foreign code whatsoever.

To the extent permitted by law, all implied warranties, conditions and representations about or in relation to:

  • the Site;
  • Content on the Site;
  • the services or Products made available through the Site;
  • the availability of the Site; and
  • your use of the Site, are excluded.

If a term is implied by law into the Terms and Conditions and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in the Terms and Conditions. However, our liability for breach of such term will, to the extent permitted by law, be limited, at our option, to:

1. in relation to goods, at our option: (a) repair and return of the goods to you; (b) refund to you of the cost of replacing the goods or of acquiring equivalent goods; or (c) if the product is still available, replacement of the goods with equivalent goods; or 2. in relation to services, at our option: (a) supply of the services again; or (b) refund to you of the cost of having the services supplied again.

To the extent permitted by law, we (and our officers, employees, agents or related bodies corporate) exclude all liabilities (including in contract, for negligence or otherwise) for any loss, damage, costs or expenses suffered by you or claims made against you in connection with, however caused:

  • your use of the Site;
  • any lack of availability, interruption, delay in operation, virus, internet access difficulties, or equipment malfunction in relation to the Site;
  • any failure to provide the Site;
  • any goods or services supplied, offered or advertised on the Site; or
  • your purchase of any goods or services offered for sale on the Site.

Linked Sites

The Site may contain links to external sites. Those sites are not part of the Site and, unless otherwise indicated, are not under FLD&P 's control. No link appearing in the Site and no external site linked to the Site is endorsed by FLD&P and no responsibility is taken for material them. You agree that by accessing any linked site you are doing so at your own risk and you agree to fully indemnify FLD&P against any liability arising out of your accessing any linked site.

Placement and Removal of content on the Site

We reserve the right to decline to publish, or where already published, to remove any Content that we consider in our absolute discretion is inappropriate for the Site for any reason. All providers of Content to FLD&P for posting or publishing on the Site:

(a) authorise FLD&P to use any Content you provide to us in good faith for the purposes of complying with any legal process, responding to claims of third parties and to protect the rights or property of FLD&P and its customers and the public; (b) authorise FLD&P to edit, modify, amend or adapt or otherwise change your Content; (c) acknowledge that FLD&P may use all intellectual property rights in your Content throughout the world, in perpetuity, without restriction and without making any payment to you, including publication of that material in hard copy publications or in electronic media, using your Content in advertising or promotional material and permitting others to do any of these, including when others or FLD&P receive payment for doing this; (d) you waive all moral rights in your Content and consent to FLD&P doing anything which FLD&P (or anyone permitted by FLD&P ) may do in relation to your Content which would otherwise be in breach of your moral rights. This includes FLD&P using your Content without attributing you as the source of your Content; and (e) agree to indemnify FLD&P and its officers, employees and agents from any damage or loss made against or suffered by any of those indemnified arising, in whole or in part, as a result of the publication by FLD&P of your Content.

Intellectual Property

You acknowledge that copyright, trade marks and all other intellectual property rights ("IP Rights") in the Site and in the Content displayed or available through the Site belongs to FLD&P or its licensors.

You are provided access to the Site only for your personal use. Subject to applicable laws:

  • unauthorised use of the Content is strictly prohibited and may infringe FLD&P 's IP Rights in the Content;
  • and
  • no content may be reproduced, published or transmitted in any manner without the prior written consent of FLD&P .
  • Without limiting the above, and subject to applicable law, you may not without prior written permission from FLD&P :

archive the Content or any part of it;
form a database whether electronically or otherwise by systematically downloading or storing all or any of the Content;

redistribute or republish the Content; or link to the Site including (without limitation) linking in any way which:

frames the Site;

replicates the Site; or misleads any person regarding any association with the Site or any association with FLD&P (whether implicitly or expressly).

The trade marks used on the Site are FLD&P 's trade marks or the trade marks of a third party. Nothing on the Site should be construed as granting any licence to use any trade mark without the permission of the owner.

You must not use any of FLD&P's trade marks:

  • as or as part of your trade marks;
  • in connection with goods or services which are not the goods or services of FLD&P ;
  • in a manner that may be confusing, misleading or deceptive; or
  • in a manner that disparages FLD&P, its information or services or the Site.

Technical Difficulties

You acknowledge that your use of the Site and associated services may be subject to interruption or delay. Due to the nature of the Internet and mobile phone communications, FLD&P and its service providers do not make any warranty that the Site or services will be error free, without interruption or delay or free from defects in design or engineering.

The compatibility of this Site is not guaranteed for all software or hardware of users.

Liability and indemnity

To the maximum extent permitted by law, you specifically agree to indemnify and hold FLD&P and its affiliates, employees, agents, representatives and third party service providers, harmless from any and all claims and liabilities relating to your use of the Site or its use by any person on your behalf. For the purposes of this paragraph Site includes any linked sites.

Privacy

You acknowledge that you have read and understood the terms of the Privacy Statement that are located on the website www.debate.net.au You agree that FLD&P may use and disclose information about you in accordance with the terms of the Privacy Statement. You also agree to check the Privacy Statement on a regular basis and to let FLD&P know if you object to use or disclosure of information about you in accordance with any updated statement.

If you make contact with a person through the Site and that person requests that you do not contact them again, you must comply with that request. You must not disclose the contact details of any person that you obtain through the Site without the prior consent of that person.

Severability

The illegality, invalidity or unenforceability of any part of the Terms and Conditions will not affect the legality, validity or enforceability of the remainder.

Benefit of Terms and Conditions

Fine Line Design & Publishing Pty Ltd ABN 99 088 782 398 holds the benefit of all rights conferred on FLD&P or its officers, employees or agents under these Terms and Conditions as trustee for those persons and may enforce those rights on their behalf in its capacity as trustee.

Law

These Terms and Conditions are governed by, and construed in accordance with the law in force in the ACT. The parties submit to the non-exclusive jurisdiction of the court exercising jurisdiction in ACT, and any court that may hear appeals from any of those courts, for any proceedings in connection with these Terms and Conditions.

Refund of Subscription

Subscribers will not be entitled to a refund at any time during a twelve month subscription.

Subscribers for longer than twelve months may unsubscribe at any time after the first twelve months provided they give notice at least two months before the due date of the next edition. In the event that such a subscriber unsubscribes they will receive a refund of the outstanding amount of their subscription.

In no circumstances will a subscriber receive a refund for a magazine received by them. If you have any queries regarding delivery of magazines ordered by you, you should contact the publisher who is responsible for delivery of the magazines ordered by you.

 

 

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