Newstext : conditions of use

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Conditions of use

General

These conditions of use govern your purchase and use of archival editorial articles images, graphics, illustrations, photographs or other material ('Content') from the website www.newstext.com.au ('Site'). The Site is owned and operated by Nationwide News Limited ABN 98 008 438 828 ('News').

In addition to these conditions of use, you agree when using the Site to be bound by any additional terms, conditions, notices, and disclaimers which appear on the Site. The terms of the [News] Privacy Policy will apply to the use of your personal information by News.

News may alter these conditions of use from time to time. Any such changes will be notified on this page and your continued use of the Site following those changes indicates your acceptance of those changes.

Registration

You can do a restricted sample search of Content on the Site free of charge. Such search will be restricted to data appearing in News newspapers from the 30 days preceding the date of the search only and will provide only one page of results (a maximum of 20 citations). However, full access to the Site is to registered users only. All information you provide to News must be accurate, complete and up-to-date. It is your responsibility to inform News of any changes to this information.

Once you have registered on the Site, you will receive a user name and password. It is your responsibility to ensure that they are kept confidential at all times. In addition, you are entirely responsible for all activities that occur under your user name and password, including unauthorised use of your credit card.

Purchase and Use of Content

Once you have registered on the Site, Content searching is free of charge and is unrestricted across the full archive database. However fees are charged to access the full text of archived articles or other types of Content. These fees and the uses which may be made of the Content you purchase are set out below. News may alter the fees charged for Content, or add new fees, at any time. Any such change will be notified on the Site.

The Newstext website facilitates access to a text-only archive of editorial articles from the newspapers published by News. In order to access these articles, you must register on the Site. The download of archival articles costs one credit per article (including GST) except for articles from the News International papers, UK which cost 2 credits. You must pre-purchase at least 10 credits. Your pre-purchased download credits are valid for 12 months. There are no refunds.

Content purchased from the Site is strictly for personal and domestic use. Content must not be resold, copied, emailed to other people or displayed in a public place (including in public areas in a place of business) or republished in any way without the prior written permission of News. In addition, Content must not be assigned, transferred or licensed in any way to any third party without the prior written consent of News.

In addition to the single electronic copy you download, you may only print on paper one copy of each item of Content purchased from the Site. Further, you may only store any Content purchased from the Site for a maximum period of seven days.

All Content displayed on the Site is protected by copyright. You are only given limited rights to use the Content you purchase, as set out above, and you agree that you will only use the Content for these permitted purposes (except where such use constitutes fair dealing under the Copyright Act). Except for the limited rights to use Content as set out in these conditions of use, you obtain no other rights in the Content you purchase.

Trademarks

The logos and names used on the Site, including the names and logos of the News publications which appear on the Site and those logos of third parties, are protected by trade mark law. Nothing displayed on the Site should be construed as granting any licence or right to use any logo, masthead or trade mark displayed on the Site without the prior written permission of News or the owner of the relevant trade mark.

Disclaimer and liability

News does not exclude any rights and remedies in respect of goods or services under the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory legislation which cannot be excluded, restricted or modified. However, News excludes all rights, remedies, guarantees, conditions and warranties in respect of goods or services from your use of the Site whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent possible:

News does not warrant the accuracy of the content on the Site. The content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content on the Site may be changed at News’ sole discretion and without notice.
News will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Site, subject only to paragraph 6(d).
News does not warrant that functions contained in the Site content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that News or the server that makes it available, are free of viruses or bugs.
Liability of News, for any breach of a term or condition implied by law is limited at News’ discretion, to the supply of any service again or the payment for the cost of having any service supplied again.
You indemnify News and its affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from your use of the Site.

Prohibited conduct

You represent and warrant that your use of the Site, and of the Content purchased from the Site, will not be for any purpose that is unlawful or prohibited by these conditions of use or any other conditions, notices or disclaimers appearing on the Site.

In addition, you agree to not use the Content to defame, abuse, harass, stalk, threaten or otherwise offend others or to use the Content in connection with any material that is obscene or pornographic, denigrates a particular group of people or that is otherwise unlawful or likely to be offensive to the general public.

You agree to indemnify and hold harmless News and its related bodies corporate from any claims, losses, damages or expenses that it may sustain or incur as a result of your breach of these conditions of use or any law.

Termination

If you do not agree with these conditions of use or any modifications to them, your only recourse is to immediately discontinue your use of the Site. Once you have registered as a user of the Site, you may terminate your registration and account for the Site at any time by contacting News at:

email: newstext@newsltd.com.au
Telephone (within Australia): 02 8114 7310

Fax: (within Australia): 02 9552 4547
Postal Address:
Newstext
Level 23
175 Liverpool Street

Sydney

NSW AUSTRALIA 2000

All payments made to News for Content are non-refundable and will not be re-paid if you terminate your registration or account while it contains a credit balance.

News reserves the right to immediately terminate your access to the Site in its absolute discretion for any reason, in particular where you breach these conditions of use or any other relevant conditions, disclaimers or notices appearing on the Site.

Applicable Law

These conditions of use and all other conditions, notices and disclaimers which appear on the Site are governed by and construed in accordance with the laws of New South Wales.

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