The terms and conditions set out below ("Terms and Conditions") govern your use of the www.apnarm.com.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 APN Newspapers Pty Ltd ABN 21 009 657 943 and its related bodies corporate ("APN"), Level 5, 100 Brookes Street, Fortitude Valley, 4006. If you have any complaints or questions regarding the Site or the Terms and Conditions then you can contact the APN Australian Regional Media Trade Communications team on (07) 3327 3333.
If you are an advertiser on the Site, these Terms and Conditions apply to you in addition to the APN Advertising Terms and Conditions. A copy of the APN 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. APN 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.
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:
To the extent permitted by law, APN 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.
APN 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 APN 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. APN 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.
APN makes no warranty that the Site will be free from viruses or any kind of malicious code whatsoever.
To the extent permitted by law, all implied warranties, conditions and representations about or in relation to:
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:
The Site may contain links to external sites. Those sites are not part of the Site and, unless otherwise indicated, are not under APN's control. No link appearing in the Site and no external site linked to the Site is endorsed by APN 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 APN against any liability arising out of your accessing any linked 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 APN for posting or publishing on the Site:
(a) authorise APN 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 APN and its customers and the public;
(b) authorise APN to edit, modify, amend or adapt or otherwise change your Content;
(c) acknowledge that APN 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 APN receive payment for doing this;
(d) you waive all moral rights in your Content and consent to APN doing anything which APN (or anyone permitted by APN) may do in relation to your Content which would otherwise be in breach of your moral rights. This includes APN using your Content without attributing you as the source of your Content; and
(e) agree to indemnify APN 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 APN of your Content.
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 APN or its licensors.
You are provided access to the Site only for your personal use. Subject to applicable laws:
Without limiting the above, and subject to applicable law, you may not without prior written permission from APN:
The trade marks used on the Site are APN'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 APN's trade marks:
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, APN 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.
To the maximum extent permitted by law, you specifically agree to indemnify and hold APN 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.
You acknowledge that you have read and understood the terms of the Privacy Statement that are located on the website www.apnarm.com.au. You agree that APN 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 APN 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.
The illegality, invalidity or unenforceability of any part of the Terms and Conditions will not affect the legality, validity or enforceability of the remainder.
APN Newspapers Pty Ltd ABN 21 009 657 943 holds the benefit of all rights conferred on APN 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.
These Terms and Conditions are governed by, and construed in accordance with the law in force in Queensland. The parties submit to the non-exclusive jurisdiction of the court exercising jurisdiction in Queensland, and any court that may hear appeals from any of those courts, for any proceedings in connection with these Terms and Conditions.