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Terms and Conditions

The Magshop website (“Website”) makes it easy for you to purchase subscriptions to print and digital editions of magazines (“Magazines”) available through the Website (“Subscriptions”) and to purchase other products available through the Website (“Products”). In these terms, “Bauer”, "we", "us" and "our" means Bauer Media Pty Limited (ABN 18 053 273 546) of Level 8, 54 Park Street, Sydney, New South Wales, Australia. Please read these terms carefully as they apply to your purchase of Subscriptions and Products and your access to and use of the Website. By purchasing a Subscription or a Product or by accessing or using the Website, you agree to be bound by these terms.

We may revise these terms from time to time by updating this posting. The revised terms will take effect when they are posted.

Purchases

1.         By clicking "Pay Now" on the Website, you are agreeing to purchase a Subscription or a Product.

2.         You instruct us to supply the contact information and order details you entered by you to the publisher of each Magazine for which you have requested a Subscription or the person offering the Product for sale (a “Vendor”), which may be us if we are the publisher of the relevant Magazine or if we are directly offering for sale the relevant Product (that is, not offering for sale the relevant Product as an agent for a third party).

3.         Prices quoted are inclusive of delivery costs (but we are not responsible for any charges for internet access or mobile data network transmissions incurred in connection with any installation or download of a Subscription digital copy of a Magazine). 'Tip-ons' and gifts that may be available with non-subscriber copies of a Magazine may not be provided with print subscriber copies and will not be provided with digital editions.

4.         If a Product offer includes the provision of a gift, then:

(a)       if the Product is being purchased for a third-party, only you will receive the gift and the gift will be delivered to your address as provided to us;

(b)       if that gift is unavailable, we, in our discretion, may substitute the gift with an alternative gift to an equivalent value or specification; and

(c)       we are neither responsible nor liable for any damage caused to the gift in transit.

5.         Any errors made by you in entering your contact information and order details are your responsibility and neither we nor any Vendor is liable for any consequences of such errors, including but not limited to failure to send any Subscription copies or Products to the correct address. If, in the case of a Subscription, you change address or any other relevant details, you must notify us.

6.         All information about any Subscription or Product is provided by the Vendor and (except where we are the Vendor) we have no responsibility for the accuracy of that information and are not liable for any errors or omissions in that information. You agree that the Subscriptions and Products are offered by the Vendor, and that any Subscription contract or contract for the purchase of a Product is between you and the Vendor and that (except where we are the Vendor) we are not a party to that contract.

7.         You may cancel a Subscription by emailing magshop@magshop.com.au detailing your name, order number, the Subscription to be cancelled and your reason for cancelling. We will endeavour to action the cancellation within 5 working days after receipt.

8.         When you cancel a Subscription, we will (except where we are the Vendor) notify the Vendor and they will consider whether to provide you with a refund for the remainder of the Subscription. As your contract is with the Vendor, the decision to provide a refund rests with the Vendor. Where we are the Vendor, we will consider whether to provide you with a refund for the remainder of the Subscription. Any refunds will generally be paid to the credit card used to purchase the Subscription. If that credit card is no longer valid (eg, it has expired), a cheque payment will be issued. The cheque will be sent to the address nominated by you and may take up to 3 weeks to arrive. Please note, timing and methods for provision of refunds may vary according to each Vendor.

9.         Delivery of the first Subscription copy (and any associated gift) may take up to 8 weeks from the date on which the relevant Subscription offer closes.

10.       In no circumstances will you receive a refund for a Subscription copy received by you (whether in print or digital form). If you have any queries regarding delivery of Subscription copies or Products ordered by you, you should contact magshop@magshop.com.au. The Vendor is responsible for delivery of Subscription copies and Products ordered by you.

11.       In order to purchase digital Magazines through the Website, or access purchased digital Magazines through the Website, you will need to establish an account. You will have the option to establish an account when you make a purchase on the Website. Don't reveal your password or other account information to anyone else, as you are responsible for all activities that occur through your account. If you're concerned that the security of your account has been compromised, contact us immediately on magshop@magshop.com.au.

12.       If a digital Magazine becomes unavailable following a transaction but before you can download it, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your Magazine, your sole remedy is either replacement or a refund, at our discretion. This clause is subject to the terms relating to warranties and liability.

13.       All digital content provided to you is for your private, non-commercial use only. You must not rent, lease, lend, sell, transfer or redistribute that content, or make it available over a network where it could be used by multiple users/devices at the same time. We do not guarantee that digital content will be available for more than one year after the date on which it is first made available. Accordingly, you may not be able to re-download digital content that you have purchased after one year from the date on which it was first made available. We (and any other Vendor) may, at any time, modify digital content that has already been made available. This may occur, for example, where there is a legal obligation to do so.

14.       If you subscribe to a Magazine that is not published by us, your name, address and email address shall, when provided by you, also be disclosed to the Vendor. You agree to contact the Vendor for details of its privacy policy.

15.       You consent to (a) the receipt of emails or SMS from us containing information and offers about products and services available through the Website in which you may have an interest, and (b) the receipt of emails or SMS from Vendors, containing information and offers about their products and services.

16.       You declare that you are over 18 years of age, or if you are not 18 years of age, that you have parental consent to purchase the Subscription or Product.

17.       These terms, as they relate to purchases of Subscriptions, do not apply to digital subscriptions or single digital editions of Magazines purchased through applications for Apple iOS devices (iPhones and iPads) or Android devices. For the terms applicable to those purchases, please refer to: (a) Apple App Store Terms of Sale and Terms and Conditions; and (b) Google Play Store Terms and Conditions.

Licence to use the content on the Website

18.       You acknowledge that the Website, the content posted on the Website by us and our users, and the underlying software and technologies used to operate the Website, are all subject to copyright, trademark and other intellectual property rights (collectively, “Intellectual Property Rights”).

19.       We grant you a limited, non-transferable licence to access and use the Website solely for your personal, non-commercial purposes.

20.       We (or our licensors) retain all right, title, and interest in and to the Website, and nothing you do on or in relation to the Website will transfer any Intellectual Property Rights to you or, except for the licence referred to above, authorise you to exercise any Intellectual Property Rights unless we expressly agree otherwise.

21.       Except as provided in these terms, permission to reprint or electronically reproduce the Website or any of its contents, in whole or in part, whether by automated or manual means (including through the use of any so-called robot, spider, scraper or similar technology) is prohibited, unless prior written consent is obtained from us.

22.       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.

Linking to the Website

23.       We encourage you to provide links to the Website. While you may use the name of the Website in the text of any such link, you may not use any of our logos or trademarks without our prior written consent.

24.       You must not frame the Website or represent or imply that any part of the Website belongs to anyone other than us.

25.       If we notify you that we object to the manner in which you provide links to the Website, you must immediately cease providing such links.

General restrictions

26.       In using the Website, you must not:

(a)       violate any applicable laws;

(b)       distribute viruses, corrupted files or any other similar software or programs that may damage the operation of any computer hardware or software;

(c)       disclose any password associated with an account you use to access the Website (and you will be solely and personally responsible for all activities that occur under your account);

(d)       collect or store personal data about other users of the Website;

(e)       use the Website for any purpose that is threatening, libellous, defamatory, abusive, obscene, vulgar, pornographic, profane, racist, indecent or infringing of another person’s rights; or

(f)        engage in any other conduct that inhibits any other person from using or enjoying the Website.

Warranties and liability

27.       You may have rights under statutory consumer protection laws, including the Competition and Consumer Act 2010 (Cth), which cannot be excluded, restricted, limited or modified. The following exclusions of warranties, and the limitations of liability below, apply subject to any rights you may have under such laws.

28.       YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE". IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT:

(a)       YOUR ACCESS TO AND USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS (AND YOU ACKNOWLEDGE THAT YOU HAVE RELIED UPON YOUR OWN EXPERIENCE, SKILL AND JUDGEMENT TO EVALUATE THE WEBSITE AND THAT YOU ARE SATISFIED AS TO THE SUITABILITY OF THE WEBSITE TO MEET YOUR REQUIREMENTS); OR

(b)       YOUR ACCESS TO AND USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM VIRUSES OR ERROR.

WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, ALL EXPRESS OR IMPLIED REPRESENTATIONS, CONDITIONS, WARRANTIES, GUARANTEES OR OTHER PROVISIONS THAT ARE NOT CONTAINED IN THESE TERMS (WHETHER BASED IN LEGISLATION, THE COMMON LAW OR OTHERWISE) ARE EXCLUDED, INCLUDING ANY REPRESENTATIONS, CONDITIONS, WARRANTIES OR GUARANTEES AS TO ACCEPTABLE QUALITY, FITNESS FOR PURPOSE, TIMELINESS OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

29.       If any condition, warranty, guarantee or other provision is implied or imposed in relation to the legal agreement between you and us (whether based in legislation, the common law or otherwise) and cannot be excluded (a "Non-Excludable Term"), and we are able to limit your remedy for a breach of such a Non-Excludable Term, then our liability for such a breach of the Non-Excludable Term is limited to one or more of the following at our option:

(a)       in relation to 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

(b)       in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.

30.       SUBJECT TO OUR OBLIGATIONS UNDER THE NON-EXCLUDABLE TERMS, OUR MAXIMUM AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER OR IN RELATION TO THESE TERMS OR OTHERWISE AS A RESULT OF YOUR ACCESS TO AND USE OF THE WEBSITE IS LIMITED TO $100. OUR LIABILITY TO YOU WILL ALSO BE DIMINISHED TO THE EXTENT THAT YOUR ACTS OR OMISSIONS (OR THOSE OF A THIRD PARTY) CONTRIBUTE TO OR CAUSE THE LOSS OR LIABILITY.

31.       SUBJECT TO OUR OBLIGATIONS UNDER THE NON-EXCLUDABLE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT ARE WE LIABLE UNDER OR IN RELATION TO THESE TERMS OR OTHERWISE AS A RESULT OF YOUR ACCESS TO AND USE OF THE WEBSITE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE LOSS OR DAMAGE OR FOR ANY LOSS OF GOODWILL, OPPORTUNITIES, ANTICIPATED SAVINGS, PROFITS, REVENUE OR BARGAIN.

32.       The limitations and exclusions above apply regardless of whether the liability arises in contract, tort (including negligence), in equity, under statute, under an indemnity or on any other basis.

33.       You must indemnify, defend and hold harmless us and our affiliates, and our and our affiliates’ directors, officers, employees, agents and contractors, from and against any loss, damage, liability, cost or expense (including legal fees on a solicitor-client basis) suffered or incurred in connection with a claim brought against any of them, to the extent that such third party claim arises out of your breach of any obligation or warranty in these terms, your breach of or failure to comply with any laws or your misuse or infringement of any rights (including Intellectual Property Rights) of a third party.

34.       We cannot be responsible for any loss, corruption or interception of data sent to or from the Website that occurs outside of our computer systems (such as those which occur while data is being sent over the internet). We recommend that you install and use up-to-date anti-virus and firewall software on your computer.

Variation of the Website

35.       We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website.

Links and advertisements

36.       The Website may contain links to websites operated by third parties or include advertising or promotional material provided by our advertisers. We are not responsible for, and do not endorse, the content or accuracy of any other sites linked to the Website or advertising or promotional material published on the Website. You should contact the relevant third party directly if you have any questions.

37.       In some instances, advertisements will contain offers which you accept by clicking through to an advertiser’s website. The advertiser is solely responsible for any such offer.

38.       Where the Website includes products available for purchase, the prices and product description are the responsibility of the Vendor.

Privacy policy

39.       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 can be viewed at www.bauer-media.com.au/privacy.htm, which forms a part of these terms.

General

40.       If any part of these terms is:

(a)       held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible; or

(b)       inconsistent with any applicable law, the inconsistent part is to be read subject to that law to the extent necessary,

and the remainder will remain in full force and effect.

41.       All offers made, contracts concluded and services provided through the Website shall be deemed to be made and provided in New South Wales, Australia notwithstanding the location of you or the Vendor. These terms are governed by the laws of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

42.       These terms 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.

43.       Your use of the Website is conducted electronically and we may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices.

44.       The word “including” when used in these terms is not a term of limitation.

Terms last updated 14 September 2018.