Sunshine Coast News

Welcome to Our Website. These are Our Terms of Use for Our Website which you may access in several ways, including but not limited to mobile phones, the web, PDA’s, APIs, widgets and RSS feeds. You agree to be bound by these Terms of Use and acknowledge that they apply whenever you browse or otherwise access any content or data on the Website, regardless of the way you do so.

These Terms of Use and our Privacy Policy form the contractual agreement which you enter upon access and use of our Website. Your use of and access to our Website constitutes your acceptance of Our Terms Of Use and any applicable conditions, as they exist at the time of use. Should you object to any of our Terms of Use or other conditions / notices on our Website, you must discontinue your use of our Website. We will not enter into any negotiations on the Terms of Use or other conditions / notices which apply to the use of our Website.

We reserve the right to revise any or all of our Terms of Use or other conditions for our Website at any time, by publishing the new terms or conditions on our Website, which will take effect immediately upon publishing. If you use Our Website (other than to review the amended terms) after a notice of change has been provided, you will be deemed to have accepted the new terms.

The following definitions apply to these Terms of Use:

• “Advertisement” means any notice or announcement promoting a product, service, or event or publicizing an invitation to treat, whether this be in written form, visual form, video, audio or a combination thereof;

• “APIs” means an Application Programming Interface;

• “Application Programming Interface” means a set of functions and procedures allowing the creation of applications that access the features or data of an operating system, application, or other service, including Our Website;

• “Content” means advertising content, description, photograph, other image, text graphics, video and/or audio;
• “Intellectual Property Rights” means both register and unregistered intellectual property rights, including without limitation copyright, trademark, design and patent rights.
• “Login” means your username and password for the Website;
• “Loss” means all costs, loss, damages, expenses and liability, including without limitation any losses associated with downtime costs, damage to reputation, damage to software or hardware, corruption of data, and loss of bargain, capital, customers, data, goodwill, profit, revenue, reputation, under or in relation to any other contract, use of data, anticipated savings or benefits suffered or incurred by or awarded against you under or in any way connected with this Terms of Use, or the Website;
• “Publication” means a publication as published and distributed by a publisher in any medium or format, including without limitation hard copy print, electronic or online;

• “Third Party Content” means content, information or publications provided by other parties;

• “Website” means sunshinecoastnews.com.au;

• “We”, “Us” and “Our” means The Publishing Media Company Pty Ltd A.C.N 604 740 981 as trustee for The Media Trust, being the owners of the Website;

• “Widgets” means an application, or a component of an interface, or an operating system or other services that enables a user to perform a function or access Our Website.

• If any part of these Terms of Use is held to be unenforceable, illegal or void and is not capable of being read down, then the unenforceable part is to be given effect to the greatest extent possible, and if not possible will be severed, and the remainder will remain in full force and effect.
• Your use of Our Website, these Terms of Use, our Privacy Policy and all of our legal terms and notices are governed by the laws of Queensland, Australia, and by using our Website you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland, Australia.
• These Terms of Use constitute the entire agreement between us and you in relation to the Website and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website.
• Your use of the Website is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices.
• The provisions of these Terms of Use which by their nature survive termination or expiry of these Terms of Use, will survive termination or expiry of these Terms of Use.
• At any time, and without providing prior notice, we may:

  (a) change at our sole discretion the path or location of any hyperlink, subdomain or site address; or

(b) redirect Content contained within a link or subdomain on our Website.

• The word “including” when used in these terms and conditions is not a term of limitation.
• The non-exercise of or delay in exercising a right by Us will not operate as a waiver of that right, nor does a single exercise of a right preclude another exercise of it or the exercise of other rights. A right may only be waived by Us in written notice signed by Us and provided to you.
• You must not use this Website for any purpose or in any way which is unlawful.
• We do not warrant that Content, hyperlinks, subdomains and other materials contained on our Website or associated with our Website will be accessible and available to you at all times.
• You are responsible for all fees and charges you incur when accessing and using the Website, including without limitation any charges levied by any internet service providers, telecommunications carriers and other third parties.

Much of the information on the Website is provided by third parties and is Third Party Content.  Third Party Content does not represent Our Views and we have not independently verified the accuracy of Third Party Content. While we believe that these third parties are reliable sources of this information, we cannot ensure that Third Party Content and the information is always accurate, up-to-date or complete. We do not have a practice of monitoring Third Party Content and accordingly We do not endorse such content. We do not make any representation, either express or implied regarding Third Party Content. You rely on Third Party Content at your own risk.

This website may contain information relating to financial matters, such as the estimates of weekly mortgage payments that might be due if you were to purchase a property at the listed price. Such information is purely general in nature, is not a recommendation to take or refrain from taking any action, and has been provided for your convenience only.

Nothing on this Website is intended to constitute professional legal, investment or real estate advice. You should independently confirm any information on this Website before acting on it, and seek professional advice from an appropriately qualified professional before making any decisions based on such information.

Third Party Content may be subject to that third party’s terms and condition of use. Nothing on Our Website should be construed as granting any licence or right for you to use that content.

All Content on our Website is provided to you on an “as is” and on an “as available” basis, and on the condition that you assume all responsibility for assessing the accuracy of the Content and rely on it at your own risk. All Content on or accessed via this Website may be amended at our sole discretion without notice to you.

The Website includes:

• hyperlinks to, pointers to, or framed versions of, other websites that contain products and services provided by third parties; and
• advertisements, hyperlinks or pointers to advertisements which include embedded links.

The third party sites are not related to Us, they do not form part of our Website and We have no control or interest in. We are not responsible for the content and accuracy of any Third Party Content, external content, external sites or advertisements. The inclusion of any links on Our Website does not indicate any form of endorsement of that third party or Third Party Content, the site or the products or services advertised by any third party.

The providers of those services are individually identified when accessing any of those pages. You may need to obtain permission or a licence for you to use any such content which is linked or framed on the Website.

The inclusion on the Website of any link to third party sites (including framed versions) and any Third Party Content does not indicate:

• any review of same by Us;
• any endorsement of that third party, the external site, or the products or services which is advertised. or
• any relationship between Us and the third party; or
• any permission or granting of rights for you to use the content located on the third party site; or
• any endorsement of any subject matter of any advertisement; or
• any warranty of any kind by us.

We have included these links or framed websites for your convenience, and We hope that you find these products and services useful. You should be aware, however, that when you click any link and use these websites you are leaving the Website and dealing with a third party, even if that other website is displayed in a frame. When you leave our Website, you do so at your sole risk and we disclaim all liability for any direct or indirect loss or damage which may be suffered by you.

Access to these products and services may be subject to certain terms and conditions, and the payment of fees as determined by the applicable third party. You should carefully review the information provided to you by these third parties before deciding to use their products and services, and prior to accepting any of their terms and conditions. We are not responsible for any products or services provided by these third parties, and any dealings you have with these third parties are solely between you and them, subject to their terms and conditions.

You acknowledge that the Website and all related content is subject to Intellectual Property Rights. All Intellectual Property Rights in relation to this Website belongs to us or our licensors, affiliates, advertisers or third parties.

Apart from fair dealing permitted by the Copyright Act 1968 (Cth), we grant you a limited, non-transferable licence to access and use the Website solely for your own personal, non-commercial purposes, provided that you do not modify the content in any way (including any copyright notice). You are not permitted to copy, or republish anything you find on the Website without the copyright or trademark owners’ written consent and permission, which may be on terms and conditions specified in their sole discretion. This licence to access and use the Website does not give you an interest in the Intellectual Property Rights.

All content on this Website is protected by copyright and intellectual property laws. You must not do anything which interferes with or breaches those laws or the Intellectual Property Rights of any party.

The logos of the Website are our intellectual property and we reserve our Intellectual Property Rights in relation to same. Trademarks and logos of third parties may be displayed on the Website from time to time, which are subject to that third party’s Intellectual Property Rights. Nothing displayed on the Website should be construed as granting any licence or right of use of any logo, trademark or masthead displayed on the Website, without the express written permission of the relevant owner. You must obtain such written permission at your own cost.

We (and/or our licensors, affiliates, advertiser and any applicable third parties) retain all right, title, and interest in and to the content on the Website (as applicable), and nothing you do on or in relation to the Website will transfer any Intellectual Property Rights to you or, licence you to exercise any Intellectual Property Rights unless expressly stated.

Except as provided in these terms and conditions, permission to reprint or electronically reproduce the Website in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us at editorial@sunshinecoastnews.com.au if you wish to obtain such consent.

Subject to applicable law, we may revoke the permissions referred to above at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Website without notice. We can prevent your access by instituting technological barriers or reporting your conduct to any authority, entity or person as we deem appropriate.

Furthermore, you agree to limit access to and use of sunshinecoastnews.com.au photographs and content to personal and internal use, and agree that you must not use any information obtained from the Website for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way.

In accessing or using our Website you agree that you must not:

• Provide us with inaccurate or incomplete information;
• Use or reproduce any Content that is obtained from the Website, or that is otherwise made available to you on the Website, for or in connection with any other service or device;
• Use the Website as part of any effort to compete with us or the Website, including without limitation using the Website to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential customer of us or the Website;
• Remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded on the Website.
• Use any robot, spider or other automated process, device, software, process or means to:
  1. use any services provided on the Website;
  2. access, retrieve, index, monitor, data mine, scrape or copy our products, services or information;
  3. decompile, decode or reverse engineer our software; or
  4. use our products or services in an unlawful manner, such as for offensive, abusive, tortious, libellous, defamatory or other illegal purposes;
• Use any device software, process, or means to interfere with, or attempt to interfere with the proper working on our website;
• Use the Website or the email functionality of the Website to transmit unwanted emails, chain letters, contests, junk mail, surveys, spam or other mass messaging of any kind (whether this be commercial in nature or otherwise);
• Violate the rights of any person (including without limitation privacy, Intellectual Property Rights, trade secret, or any other rights);
• Use the Website or any email functionality of the Website to transmit or attempt to transmit any computer viruses, Trojan Horses, defects, worms, corrupted files or other programs or software that may damage the operation of any computer hardware or software;
• Violate any applicable laws;
• Attempt to solicit money, passwords or personal information;
• Pose as any other person, entity or organisation other than yourself or any entity which you have actual authority to do so;
• Use our Website or any content from our Website in a manner that we deem in our sole discretion is not reasonable and/or intended to be used for the purpose it is being used;
• Breach these Terms of Use and any conditions / notices published on the Website;
• Use the Website for any purpose that is threatening, libellous, defamatory, abusive, obscene, vulgar, pornographic, profane, racist, or indecent;
• Rely upon the information on the Website and obtain independent specialist advice from an appropriately qualified professional;
• Collect or store personal data about other users of the Website; or
• Engage in any other conduct that inhibits any other person from using or enjoying the Website.

We encourage you to provide links to this Website. While you may use the words “sunshinecoastnews.com.au” in the text of any such link, you must not:

(a)  frame this Website, or

(b) represent or imply that any part of the Website belongs to anyone other than us; or

(c) in any way claim or give the impression that any link to the Website content is a link to your own or someone else’s content, other than the actual person who has contributed the content.

We reserve the right to:

• require that you do not link to our content; or
• Notify you that we object to the manner in which you provide links to this Website.

We reserve complete discretion in relation to our exercise of this right.  If we exercise such rights, you must immediately cease providing such links and immediately delete any such links which we object to. 

We do not warrant that any links to our Website will remain constant, as the location of Content on our Website and any subdomain are subject to change without notice.

In relation to any Content uploaded by you to the Website, you warrant as follows: 

• You have all the necessary rights including Intellectual Property Rights to the Content you contribute;
• The Content does not infringe the Intellectual Property Rights or other rights of any person;
• The Content is not confidential or owned by any other person; 
• Receipt, use, storage, reproduction, modification, adaptation or publication of the Content by us and on the Website is not illegal, defamatory or misleading or deceptive and will not expose us or the Website to any civil or criminal liability;
• The Content does not breach or infringe any applicable codes of practice, guidelines, standards, laws, regulations (including but not limited to those of the internet, real estate, privacy and advertising industries, and applicable local, state and federal laws).

You indemnify Us against any and all legal fees, damages, costs, liabilities and other expenses that may be incurred by Us as a result of a breach of the above warranty.

When you submit Content to us in any format for inclusion on our Website or upload Content to the Website, you:

• grant us a non-exclusive licence in perpetuity to transmit, publish or otherwise use that content in our published materials and on our Website, now and in the future and to attribute you as the author/provider of that content, using the details you have provided to us; and
• waive any moral rights in relation to the Content; and
• waive any rights to payments, royalties or commissions.

We reserve the right not to use any Content you submit at our sole discretion and to remove any Content uploaded by you in our sole discretion, without any notice to you.

In particular, and without limiting the “Reliance on Content” clause 2 above, the warranties in clause 7 or the Warranties and Liability clause 9, while we endeavour to provide a convenient and functional Website, we:

• Do not guarantee that that your requirements will be met or that your use of the Website will be uninterrupted, error free or that the Website or the server from which it operates them are free of viruses or other harmful components;
• Do not warrant that the functions of the Website or which you access through this Website will be defect free, or that if any defects arise, that they will be corrected; and
• We cannot be responsible for any loss, corruption or interception of data sent to or from our Website which occurs outside of our computer systems (such as those which occur while being sent over the internet).

Cyber security is an ever-evolving issue and you must take precautions to protect yourself. We actively encourage vigilant and rigorous cyber security. We recommend that you at least do the following:

• install and use up-to-date anti-virus and firewall software on all devices used to access or use the Website;
• independently verify the identity of any business, entity, person or association which you come across on our Website by any means of Content or email system of our Website;
• do not send any monies to any persons where you have not verified them and the account details in a non-electronic format; and
• engage relevant qualified professionals to assist in your cyber security and any transactions.

All express or implied warranties, representations, statements, terms and conditions relating to these Terms of Use or the Website that are not contained in these terms and conditions, are excluded to the maximum extent permitted by law.

Nothing in these terms and conditions excludes, restricts or modifies any term, condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified, which may the Competition and Consumer Act 2010 (CCA) and corresponding provisions of Australian state or territory legislation, which contain provisions including implied conditions and warranties which operate to protect the purchasers of goods and services in various circumstances.

If any term, condition or warranty is implied into these terms and conditions and we are able to limit your remedy for a breach of such a term, condition or warranty, then our liability for breach of the term, condition or warranty is limited to one or more of the following at our option: 

• in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or 
• in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

The use of the Website is at your sole risk and expense. We have no liability in relation to any Loss, you or any third party incur as a result of or arising from your access or use of the Website, or reliance on anything contained on the Website. We will not be liable to you, or any third party for any consequential, exemplary, incidental, indirect, punitive or special damages for any Loss, whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage

Subject to our obligations under the implied terms, conditions or warranties referred to above, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these Terms of Use or the use of our Website, whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to an amount equal to AUD$100.00 for any cause of action whatsoever and regardless of the form of the action. In calculating our aggregate liability under this paragraph, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by us for a breach of the implied terms, conditions or warranties referred to above.

Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.

You represent and warrant that:

• You will undertake appropriate measures to ensure all devices used by you to access or use our Website (including all hardware and software) are free of malicious software, worms, viruses, Trojan Horses, defects, corrupted files or other programs or software that may damage the operation of any computer hardware or software so as to prevent infection of our servers in your use of the Website;
• Your use of our Website will always comply with these Terms of Use and any directions we give you in relation to your use of our Website;
• You will always keep your Login confidential and secure; and

You accept all liability for any unauthorised use of your Login.

Indemnity

You agree to indemnify and hold us and all of our affiliates (and their officers, agents, partners and employees) harmless against any and all claims, Loss, liability, claim or demand (including reasonable legal fees) arising out of, or in connection with your use of and access to our Website not in accordance with these Terms of Use, or any Content contributed to the Website by you.

Privacy policy
In using the Website, you may give us personal information in which you have certain rights. By using the Website, you grant us consent to use your personal information in accordance with our privacy policy, which forms a part of these terms and conditions. Please click on this link to view our privacy policy.

Force majeure
We will not be liable for any delay in performing any of our obligations under these Terms of Use, if such delay is caused by circumstances beyond our reasonable control.

The promoter refers to The Publishing Media Co Pty Ltd ATF The Media Trust – ABN 81 710 140 160 owners of sunshinecoastnews.com.au and affiliated publications and products. Please read these terms and conditions carefully. These terms and conditions may, from time to time, be updated. The revised terms will take effect when they are posted. Terms and conditions are guided by the Queensland Government Guide to category 4 promotional games. The Charitable and Non-Profit Gaming Act 1999 provides for category 4 games otherwise called promotional games.

• The promoter is, The Publishing Media Co Pty Ltd ATF The Media Trust, the publisher and owner of sunshinecoastnews.com.au.
• By entering any sunshinecoastnews.com.au competition, entrants acknowledge and accept these terms and conditions.
• Entrants must be aged 18 and over at the time of entry.
• Entrants must reside in the Sunshine Coast region and must not be an immediate family member of sunshinecoastnews.com.au (and affiliated publications’) staff.
• To enter successfully, entrants must complete all questions and fields on competition entry form.
• No skill is required unless specifically stated.
• One entry is allowed per person.
• The competition is conducted via the sunshinecoastnews.com.au Facebook page. Personal information will be used to conduct the competition however, it may be used by sunshinecoastnews.com.au for future marketing purposes and or subscription/email purposes.
• Winners are selected at random and will be notified by phone (two attempts) and published in the next available edition of sunshinecoastnews.com.au. Entrants agree to the use of their name for publicity purposes, without any form of compensation.
• Collection of prize is the winner’s responsibility. They must be able to show proof of ID on collection and collect the prize, when applicable, from the sunshinecoastnews.com.au office, which is currently located on Brisbane Road, Mooloolaba.
• Winners have 21 days to collect their prize. If collection does not occur, the competition will be redrawn. If the prize is not claimed and as a result is no longer available, the publisher reserves the right to remove the prize offer completely.
• The judges’ decision is final and binding. No correspondence will be entered into.
• Prize value is determined based upon supplied retail value.
• If a prize becomes unavailable, for whatever reason, the promoter reserves the right to substitute for equal or greater value.
• The promoter is not liable for any loss or damage, which is suffered by the prize during transit, or for any personal injury suffered or sustained, which is related to the prize.
• Prizes are not redeemable for cash, credit or exchange.
• The promotor assumes no responsibility for any additional costs the winning entrant incurs as a result of the prize.
• Travel prizes are subject to the standard terms and conditions of individual prize provider. Winners may be required to present a credit card when checking in to accommodation/resorts.
• If for any reason the competition is not able to be conducted or continued as planned – as a result of a third party – the promoter assumes no responsibility.