SmartCompany’s terms and conditions for advertisers and content partners can be found here.
smartcompany.com.au (Website) is owned and operated by Private Media Pty Ltd (ACN 102 933 362) (Private Media). In this policy, “us” “we” or “our” means Private Media.
Private Media offers a subscription service to individuals (Subscribers) who will receive access to certain sections, features and functions of the Website that are not available to non-subscribers.
This clause 2 sets out the terms under which Private Media makes the subscription service available to you.
Subscribers may access content from the Website labeled ‘Plus’ in two ways:
(a) Paid Individual Subscription: a subscription fee-based service which gives access to all subscriber services.
(b) Enterprise Subscription: a subscription fee-based service allowing access to a group of individual recipients as determined in an Enterprise Subscription Agreement
Our “Monthly” subscription is paid in monthly instalments. For each month that your monthly subscription is active, you acknowledge and agree that Private Media is authorised to charge the same credit card or other payment method (Payment Method) as was used for the initial subscription fee in the amount of the then current monthly subscription fee. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until cancelled. You must cancel your subscription by notice in writing to us at least 10 days before it renews each month in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.
Our “Quarterly” subscription is paid in quarterly instalments from the date of activation. For each quarter that your quarterly subscription is active, you acknowledge and agree that Private Media is authorised to charge the same credit card or other payment method (Payment Method) as was used for the initial subscription fee in the amount of the then current quarterly subscription fee. The quarterly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until cancelled. You must cancel your subscription by notice in writing to us at least 10 days before it renews each month in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-quarter subscription period.
Our “Yearly” subscription is paid in annual instalments from the date of activation. For each year that your yearly subscription is active, you acknowledge and agree that Private Media is authorised to charge the same credit card or other payment method (Payment Method) as was used for the initial subscription fee in the amount of the then current yearly subscription fee. The annual renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until cancelled. You must cancel your subscription by notice in writing to us at least 10 days before it renews each month in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-year subscription period.
Enterprise and group subscriptions
Group subscriptions that are generated for individual accounts – as opposed to via IP access – must be registered to specific users (eg. [email protected]) and not generic email addresses (eg. [email protected] or [email protected]).
You must ensure that your username and password remain secure and confidential. You are entirely responsible for all use, activities and charges associated with or arising from any use of your username and password, including unauthorised use of your credit card.
If any misuse of your log in details is detected or suspected by Private Media (including the concurrent use of your login details) your subscription may be terminated and you will not be eligible for a refund.
An attempt to login with a username and password that is already in use will disconnect the other user. You must notify Private Media immediately if you become aware of any unauthorised use of your username and password.
Private Media may monitor usage of the Website via your account and may take any action it seems necessary, including termination of your subscription.
All prices are in Australian Dollars (AUD).
Private Media reserves the right to change the prices at any time. Private Media will provide you with 14 days notice if the subscription fee changes from what was stated at the time of activation.
Price changes will take effect from your next billing date after the notice period. If you do not wish to continue your subscription at the revised subscription fee, you may cancel your subscription before the end of your current direct debit pay cycle.
Your Payment Method must be verified before your subscription can be activated. If your initial payment authorisation is revoked, your subscription will be terminated.
You agree to promptly notify Private Media of any changes to the Payment Method you provided. It is your responsibility to provide valid payment details, and ensure that your payment details are up to date. You can manage these online through: https://www.themandarin.com.au/profile/
You understand and agree that all material, information and data accessed or used by, or provided to you through the Website (the Website Content) is the intellectual property of Private Media or any relevant third parties from whom Private Media may license that Website Content.
You may not modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Website Content (either in whole or in part) unless you have been specifically told that you may do so by Private Media or by the owners of that Website Content, in a separate agreement.
You understand that by using the Website you may be exposed to Website Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website at your own risk.
Unless otherwise indicated, all intellectual property in the Website is owned or licensed by Private Media. Subject to these Terms, Private Media grants you a non-exclusive, non-transferable, limited licence (Licence) to view and use information directly accessible through the Website.
You agree that, subject to your use of the Website in accordance with the limited Licence granted to you, you will not infringe Private Media’s intellectual property in the Website and will not modify, copy, republish, frame, distribute or communicate any part of the Website or any information contained in it or otherwise use the Website in a way which will infringe Private Media’s intellectual property or other rights.
Any of the trademarks or logos displayed on the Website may be registered or unregistered marks of Private Media. You may not use these trademarks or logos without the express permission of Private Media. Any unauthorised use of the trademarks or logos is strictly prohibited.
You grant Private Media a non-exclusive, worldwide, perpetual, irrevocably, royalty-free, sub-licensable right to exercise the copyright you have in any User. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that User Content in favour of Private Media.
You agree that Private Media is not liable to you or anyone else for any loss or damage (including, without limitation, any direct, indirect, special or consequential loss) arising as a result of breach of these Terms, in tort (including negligence) or otherwise arising out of, or in connection with:
(a) the use of the Website;
(b) the use by Private Media of information provided by you to Private Media through the Website;
(c) being unable to access the Website for whatever reason and however arising, including (without limitation) negligence; and
(d) the use of your Website password by you or any third party to whom you have made the password available.
Subject to the Competition and Consumer Act 2010 (Cth), Private Media expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Private Media’s sole discretion):
(e) in the case of goods, any one or more of the following:
(i) the replacement of the goods or supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the costs of replacing the goods or acquiring equivalent goods; or
(iv) the payment of the costs of having the goods repaired.
(f) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
You indemnify Private Media against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by Private Media, arising from, or which is directly or indirectly, related to:
(a) your breach or non-observance of any term of these Terms; or
(b) any breach or inaccuracy in any representations or warranties made to Private Media.
The Website, including e-Newsletters, may feature or display third party advertising. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither Private Media, nor its officers, employees, agents or related bodies corporate recommend or endorse the goods or services that may be advertised on the Website, nor do they offer the goods or services for sale of make any other representation whatsoever about them. If you choose to order a product or service advertised by a third party on the Website, you do so at your own risk.
Private Media may from time to time run competitions or other promotions on this Website. These will be subject to additional terms and conditions that will be made known to you at the relevant time.
No waiver of any breach of these Terms will be construed as a waiver of any other breach of these Terms.
These Terms are governed by the laws of the State of Victoria, Australia and any claim made by either party against the other which in any way arises out of the Terms will be heard in Victoria and you agree to submit the jurisdiction of those courts.
Your personal information is confidential. The publisher’s purpose in collecting information about you is to provide you with a better website experience with content and advertising that is more relevant to your interests. SmartCompany will not use or disclose any information about you without your consent, unless:
In seeking to give you the most worthwhile experience of our website possible, SmartCompany may use your personal information to send you information and product updates about products or services which you have requested. When you provide your personal information to us, SmartCompany may give you the choice as to whether or not you wish to receive further information about “special offers via email from related companies” or from third-party suppliers. If you indicate that you do not wish to receive these, we will not contact you further for these purposes. Please allow 28 days for your request to be processed.
We will comply with our obligations under the Spam Act 2003 (Cth), and may contact you at the email or other address which you provide to us in order to provide you with news alerts and other information which you sign up to receive from us. Where you have signed up for an email with a regular publishing schedule, such as the SmartCompany daily email, we reserve the right to send you multiple editions in a day in the event of major or special breaking news; provide you with updated information about our website; or provide you with other information about our products and services which you may enjoy such as partner site announcements, invites to SmartCompany webinars, short courses, e-books or to partake in surveys.
If you wish to stop receiving alert emails from us, you can unsubscribe by clicking the “change subscription preferences” link or “unsubscribe from the list” link at the bottom of all emails sent from SmartCompany or by contacting us at [email protected].
Use of the email and the website is at your risk. None of the publishers’ affiliates or directors, officers, employees, agents, contributors, third-party content providers or licensors makes any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with the email or the website, its use, its content or any products or services (including the publishers’ products or services) referred to in the email or on the website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
The publisher does not warrant that it will continue to make the website available generally, or at all, and reserves the right at any time to impose or increase fees for future access to any material appearing in the email or on the website. The right is reserved to alter the email or the website at any time, even if it changes the equipment needed to access or use the email or the website or any part of it.
The publisher’s total liability to you (if any) for loss, damage or reliance shall be limited to the re-supply of the information or services or payment of the amount paid by you (if any) for accessing the email or the website.
You indemnify the publisher, the publisher’s affiliates, employees, agents, contributors, third-party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or by us as a direct or indirect consequence of your accessing, using or transacting on this site or your attempts to do so and any breach by you or your agents of these terms.
The material on this website is protected by copyright under the Australian Copyright Act 1968, and through international treaties, in other countries. Copyright in articles and images appearing on www.smartcompany.com.au remains with each third-party contributor.
Otherwise all rights (including copyright) in the content and compilation of these web pages are owned or controlled for these purposes, and are reserved, by the publisher:
Private Media Operations Pty Ltd (ABN 98 101 558 847)
PO Box 5239 380 Bourke st
Melbourne Vic 3000
Telephone: (03) 8623 9999
Email: [email protected].com.au
Individuals are authorised to download and view content for their own personal, non-commercial use, and, where enterprise access or a group subscription agreement is in place, shared within the corporate body covered by the enterprise subscription. You must not, without the prior written permission of the publisher, exploit any of our site materials for commercial purposes. And except as permitted under the act (for example for the services of the Crown or in reliance on one of the fair dealing exceptions, ie. fair dealing for the purposes of research or study) no part of this website may be reproduced, stored in a retrieval system, communicated or transmitted in any form or by any means without prior written permission.
The act allows 10% of the number of words on this website to be reproduced and/or communicated by any educational institution for its educational purposes provided that the educational institution (or the body that administers it) has given a remuneration notice to Copyright Agency Limited under the Act. For details of the CAL licence for educational institutions contact:
Copyright Agency Limited
Level 15, 233 Castlereagh Street
Sydney NSW 2000
Telephone: (02) 9394 7600
Facsimile: (02) 9394 7601
Email: [email protected]
You are welcome to create links from your website to www.smartcompany.com.au. However, you must not use SmartCompany logos for this purpose unless you have the permission of the publishers.
SmartCompany is a publication dedicated to helping the Australian business community run successful, flourishing businesses. We welcome respectful debate and conversation around our stories and in order to facilitate a community that keeps conversation professional, considered, tasteful and on topic we have some guidelines for our commenting system. We are committed to publishing comments quickly on our site in the interest of promoting a professional and respectful conversation. We ask in return that our readers behave respectfully to our commenting moderation.
We encourage readers to engage in thoughtful discussion but not to use that opportunity to abuse another person or groups. This includes deliberately antagonising other commenters, insulting authors or directing hatred toward public figures. SmartCompany reserves the right to choose which comments we deem to be appropriate to be posted and discussed, and which are not. We reserve the right to edit or delete any comments submitted to the website, particularly those which are offensive, make personal attacks on another reader or could expose us to legal action. If you believe you have read an inappropriate or offensive comment please contact us.
We do not guarantee that any comment submitted by any reader will appear or remain on the SmartCompany website. We reserve the right at any time to restrict access to comments for users with a history of inappropriate behaviour, and the right to close conversations which descend into inappropriate discussion. Opinions expressed in comments published on SmartCompany should not in any way be interpreted as a reflection or endorsement of the SmartCompany editorial team. They are the opinion of the author of the comment and not the wider organisation.
Please help us to keep the SmartCompany community respectful and appropriate. We prefer not to have to edit or delete comments on our website, so please help us uphold this code of conduct so we don’t have to.
These Terms were last updated on 17 February 2021.
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