Terms of Use
The following Website Terms of Use apply to this website (and related Planet Media Australia Pty Ltd. websites) which are operated by Planet Media Australia Pty Ltd Limited (ABN 14 607 666 348) (“Planet Media Australia Pty Ltd.”) at www.planetmedia.com.au (“Website”).
A reference to Planet Media Australia Pty Ltd., we, us or our, in this document includes a reference to the related bodies corporate of Planet Media Australia Pty Ltd.
By proceeding beyond the homepage you agree to accept these Terms of Use and we agree to grant you a non-exclusive, non-transferable, limited license to use this website in accordance with the conditions set out below.
We may revise these Terms of Use from time-to-time without notice and such revision will take effect when it is posted on this Website. Your continued use of this Website will be regarded as your acceptance of these Terms of Use as amended.
Copyright and submitted material
All materials and information on this Website including without limitation any logo, design, text, graphic and their arrangement (“Content”) are licensed to or owned by Planet Media Australia Pty Ltd. Other than the content and applications we have expressly specified to be downloaded you must not copy, distribute, republish, download, display, post or transmit the Content in any form or by any means including but not limited to electronic, mechanical or otherwise without our prior written permission or the written permission of the copyright owner. You may access and use the Content and this Website for your own personal use only. Unless expressly permitted otherwise, you must not do anything to alter, modify or add to the Content.
You acknowledge and agree that if you contribute Content to the Website, such Content will become our property and you hereby assign all rights, title and interests in and to such contributions to us. We reserve the right to remove any Content from the Website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content).
Any comments or materials sent to us through the Website including feedback data, questions, comments and suggestions (collectively “Feedback”), will be deemed to be -not confidential. We have no obligation of any kind with respect to such Feedback and will be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, we will be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services incorporating such Feedback.
Trademarks
Planet Media Australia Pty Ltd.” and its logo are proprietary trademarks of Planet Media Australia Pty Ltd. Planet Media Australia Pty Ltd has a number of other trademarks that are owned by Planet Media Australia Pty Ltd. Any other trademarks appearing on this Website are the trademarks of the relevant owners. You must not use any trademarks that appear on this Website without the written consent of the trademark owner.
Links
We may provide links on this Website to the websites of third parties. However, you acknowledge and agree that we have no control over and do not monitor these third party websites. We make no representations regarding the accuracy, completeness or suitability of the third party website, its products or services and cannot accept any liability for these websites. A link to a third party website does not mean that we endorse the content of that website. Your access to third party websites will be governed by their own terms of use.
We may receive fees, commissions and/or rebates from third parties for goods and services detailed on the Website or accessible through a hyperlink on Website. You acknowledge and consent to us receiving such amounts.
You may not create a link to this Website from another website or document without our prior written consent.
Privacy
The Planet Media Australia Pty Ltd Privacy Policy applicable to this Website explains how personal data will be treated as you access and interact with this Website and can be accessed here.
User conduct
You are responsible for all of your activity in connection with accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal data from any Website user.
In accessing this Website, you must not:
Disrupt or interfere with the Website, or any services, system resources, accounts, servers or networks connected to or accessible through this Website or linked websites;
Disrupt or interfere with any other user’s enjoyment of this Website or linked websites;
Use any robot, spider, other automatic device or manual process to monitor, copy or extract any web pages on the Website, or any of the Content, without our prior written permission;
Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website;
Reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with the Website;
Use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that are deemed threatening or obscene;
Engage in any kind of illegal, criminal or tortious activity through the use of the Website, including infringement of any third party intellectual property rights (including without limitation copyright, trademarks, patent, trade secrets and confidential information), fraud, child pornography, trafficking in obscene material, violation of applicable export restrictions, drug dealing, gambling, harassment, stalking, spamming, hacking, sending of viruses or other harmful files, or illegal posting of computer passwords or computer code;
Attempt to obtain unauthorised access to this Website or parts of this Website that are not opened to public access; or
Post or transmit to or via this Website any defamatory, derogatory or offensive material or publications.
If we issue you with a password that permits you to access certain parts of this Website, you are solely responsible for any use of the Website through such access, whether authorised or not.
You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Website. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.
Indemnity
You agree to indemnify and hold us (and our related bodies corporate, directors, officers, employees, agents and contractors) harmless from any claim, action, demand, loss or damages made or incurred by any third party arising out of or relating to your conduct (including transmitting any defamatory, derogatory or offensive statements or material to any person), your use of the Website, your breach of these Terms of Use, or your breach of any rights of third parties.
Warranties and disclaimers – Limitation of liability
We do not warrant that this Website or the server that operates it is free from viruses or other corrupted materials or occasional outages or disruption to service which prevent you from accessing this Website or that use of this Website will be compatible with the hardware and software you are using to access it. We do not warrant or make any representations in relation to the Content or the use of or the results of the use of the Content or this Website in relation to their correctness, accuracy, reliability, completeness or otherwise.
Subject to any terms implied by law which cannot be excluded, we and our related bodies corporate, directors, officers, employees, agents and contractors expressly disclaim all liability to you or any other persons for any losses, damages, liabilities, claims and expenses whatsoever, whether direct, indirect or consequential, arising out of or referable to the Content or this Website (or material accessed via this Website), or to access of the Website by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise. To the full extent permitted by law, any liability imposed on us and our related bodies corporate, directors, officers, employees, agents and contractors, or implied into these Terms of Use under any law, are excluded.
If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible. For example, under the Australian Consumer Law, our liability under the consumer guarantees that cannot be excluded is limited to the extent possible to us doing any one or more of the following (at our election and in our sole discretion):
Replacing or repairing goods;
Reimbursing you for repairing or replacing goods;
Re-supplying services; or
Reimbursing you for paying someone else to supply services.
Nothing in these terms and conditions is intended to exclude, restrict or modify rights which you may have under the Australian Consumer Law or any other legislation which may not be excluded, restricted or modified by agreement.
We reserve the right to make any change to the Content without notice. We may also make improvements or changes in the products or programs described in the Content at any time without notice. For example, changes in circumstances after the date of publication may impact upon the accuracy of the Content.
The Content may contain general information about our products and services. Unless expressly stated otherwise, the Content does not:
- Constitute an offer or inducement to enter into a legally binding contract; or
- Form part of the terms and conditions for our products and services;
The Content and this Website are provided “as is” and “as available”. Your use of this Website including all Content, data or software distributed by, downloaded or accessed from or through this Website is at your own risk. Before taking or refraining from any action in reliance on the Content or this Website, you must make and rely on your own enquiries in relation to, and in evaluation of, the Content including any information, predictions, opinions and statements contained in this Website.
Termination and suspension
We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this Website as well as this Website at any time. For example, if your server is involved in any attack on any computer system, either with or without your knowledge or complicity, that server may be blocked or its access to the Website may be shut down or restricted while the problem is being investigated or fixed. All provisions of these Terms of Use, which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.
Severability
If any parts of these Terms of Use are deemed unlawful void or for any reason unenforceable, then that provision may be severed from these Terms of Use and it will not affect the validity and enforceability of the remaining provisions.
Waiver
No waiver by us of our rights under these Terms of Use shall be deemed a waiver of any other term or provision and shall be limited to a single waiver limited to the specific circumstances under which such waiver was granted.
Confidentiality
We do not guarantee that your use of this site will be confidential. We are not responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect of your use of this site. Any information that you disclose on this site:
May be used by Planet Media Australia Pty Ltd., its agents and contractors in relation to the provision of services promoted, explained or contained on this Website, including the marketing of those services.
May not be secure during its transmission over the Internet. Third parties may be able to intercept transmissions which make when using this site.
Currency
A reference to “$” or “dollars” throughout this Website is a reference to Australian currency, unless stated otherwise.
Applicable law
This Website and the Content are provided for use by Australian residents only. These Terms of Use are governed by and construed in accordance with the laws of the Australian Capital Territory, Australia. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of the Australian Capital Territory, Australia.
Changes to these terms and conditions
These Terms of Use may be amended, updated and/or modified by us from time to time. You are required to abide by them at all times, so please continue to review these terms for updates and changes.
If you keep accessing the Website, we assume that your continued access is confirmation that you have agreed to the Terms of Use in effect at the relevant time.