Website Terms and Conditions

Australian Geographic Holdings Pty Ltd
Terms and Conditions

Last Updated: 7 July 2018

THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING AN AUSTRALIAN GEOGRAPHIC SITE OR AUSTRALIAN GEOGRAPHIC SERVICE.

1. Introduction

Welcome to the Internet websites of Australian Geographic Holdings Pty Ltd and its subsidiaries and affiliates (collectively, “Australian Geographic“). These Terms and Conditions apply to all Australian Geographic internet sites which reference these Terms and Conditions. By using an Australian Geographic site, or any product or service (collectively the “Services” or the “Australian Geographic Services“) available on an Australian Geographic Site, you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular Australian Geographic Site or Service, all as may be modified by Australian Geographic from time to time in its sole discretion (collectively the “Terms and Conditions“).

If you do not agree with these Terms and Conditions, you may not use an Australian Geographic Site or any of the Services on an Australian Geographic Site. Please note that we reserve the right, at our discretion, to change, modify, add to or remove portions of these Terms and Conditions at any time. Please check periodically for changes, which will indicate the latest revision date. Your continued use of an Australian Geographic Site following the posting of any changes to these Terms and Conditions will mean you understand and accept those changes.

2. Site Registration, Accounts and Security

General

Certain of the Services and related features that may be made available on an Australian Geographic Site may require registration or subscription. Should you choose to register or subscribe for any such Services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on an Australian Geographic Site and (b) all activities that occur under such password or Account. Further, you agree to notify us of any unauthorized use of your password or Account.

Australian Geographic shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

When you register on an Australian Geographic Site, for the purposes of these Terms and Conditions you may be said to have an “Account”. The information you submit to create an Account (which may vary depending on the Australian Geographic Site or Service) may be referred to in these Terms and Conditions or the Australian Geographic Privacy Policy as “Account Information”. When you have created an Account and are logged in, you may be referred to as a “Logged-in User”.

Certain of the Services may allow you to create an Account using valid credentials from Facebook or Google (or a similar service) (hereinafter “Third Party Service”) account. If you choose to create an Account in this manner, you acknowledge that the Third Party Service account is your own and that you are in compliance with any and all applicable Terms and Conditions of the Third Party Service.

Australian Geographic reserves the right to terminate your Account, at its sole discretion, at any time and for any reason, including but not limited to whether you have violated the letter or spirit of these Terms and Conditions.

Passwords

As part of the Account registration, you may be asked to choose a password. It is your responsibility to create a password of sufficient strength that cannot easily be discovered by third parties. We also recommend you change your password on a regular basis.

If you are a Logged-in User, it is strongly suggested that you log out of your Account at the end of every session, or not leave a logged-in Account unattended for any period of time. Australian Geographic will not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from your failure to log out at the end of the session, an unattended logged-in session, or a third party using the Services with your Account Information and accessing your Account through any means, and disclaims any responsibility in this regard.

3. Site Content

All material, information and content (collectively “Content“) available on a Australian Geographic Site, including without limitation the manner in which such Content is presented, and the Australian Geographic Services are protected by Australian and international copyright laws and treaty provisions and all rights are reserved. You agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast, make available, or make any unauthorized or infringing use of any of the Content obtained through an Australian Geographic Site or any of our Services, including without limitation, by framing or similar means, without the prior written consent of Australian Geographic.

Licence to use the content on the Website

(i) You acknowledge that the Website is subject to copyright and possibly other intellectual property rights (“Intellectual Property Rights”).

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

(iii) 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 in paragraph (ii), licence you to exercise any Intellectual Property Rights unless this is expressly stated.

(iv) Except as provided in these terms and conditions or under applicable Copyright Laws, 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. Please contact us at: www.australiangeographic.com.au/miscellaneous/contact-us if you wish to obtain such consent.

(v) For Australian users, The Australian Copyright Act allows certain uses of content from the internet without the copyright owner’s permission. This includes uses by educational institutions and by Commonwealth and State governments, provided fair compensation is paid. For more information, see www.copyright.com.au and www.copyright.org.au.

(vi) 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.

Restrictions on Use of Materials

Trade-Marks

All brand and company names and logos used or mentioned on an Australian Geographic Site or any Australian Geographic Service are trade-marks of Australian Geographic (owned or used under licence) or registered trade-marks of their respective owners. Any use of any trade-marks appearing on an Australian Geographic Site or any Australian Geographic Service without the express written consent of the owner of the trade-mark is strictly prohibited.

Links and Advertisements

Please note that certain links on an Australian Geographic Site may take you to other websites. Australian Geographic provides these links only as a convenience and not as an endorsement by Australian Geographic. These linked sites are not necessarily under the control of Australian Geographic. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Australian Geographic is not responsible for the content of any such linked sites or any other web page which is not part of an Australian Geographic Site and under Australian Geographic’s control. Unless otherwise expressly provided, Australian Geographic makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that Australian Geographic will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from an Australian Geographic Site.

4. Site Conduct

Legal Compliance and Monitoring

In consideration of the availability, and your use, of an Australian Geographic Site or any Australian Geographic Service, you agree to comply with all applicable laws and these Terms and Conditions when using such site or service. You acknowledge that Australian Geographic has no obligation to monitor an Australian Geographic Site or any content accessible through an Australian Geographic Site or any Australian Geographic Service. However, you agree that Australian Geographic has the right to monitor an Australian Geographic Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate a Australian Geographic Site or any Australian Geographic Service properly, or to protect itself or its users and customers in accordance with the Australian Geographic Privacy Policy.

Linking to this Website

(a) We encourage you to provide links to this Website. While you may use the name “australiangeographic.com.au” in the text of any such link, you may not use the Australian Geographic logo or any of our other trademarks without our prior written consent.

(b) You must not frame this Website, or represent or imply that any part of the Website belongs to anyone other than us.

(c) If we notify you that we object to the manner in which you provide links to this Website, you must immediately cease providing such links.
Prohibited Conduct

You agree not to:

a) violate any applicable laws;

b) post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use an Australian Geographic Site or any Australian Geographic Service in a manner which is contrary to law or would serve to restrict or inhibit any other user or customer from using or enjoying an Australian Geographic Site, any Australian Geographic Service or the Internet;

b) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;

c) post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, racist, obscene, indecent or unlawful material or information;

d) post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component; or

e) collect or store personal data about other users of the website.

Forum Conduct

By uploading materials to any chat board or forum available on a Australian Geographic Site (collectively “Forums”) or otherwise submitting any materials to us through any other content generating or submitting service on an Australian Geographic Site, you automatically grant (or warrant that the owner of such materials expressly grants) Australian Geographic a worldwide, perpetual, royalty-free, irrevocable and nonexclusive right and license to use, copy, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such submitted materials, for the purposes of publishing and promoting such materials in connection with the Forum or other Service in respect of which the materials were submitted or generated, and for all promotions thereof. Such right and license shall apply with respect to any form, media or technology now known or later developed. In addition, you warrant that all “moral rights” in such materials have been waived.

Australian Geographic is not responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information. When using a Forum, you may not post, transmit, link to, or otherwise distribute any information, materials or content that do not generally pertain to the designated topic or theme of the particular Forum. Use of a Forum for commercial purposes of any kind is strictly prohibited. Please note that Australian Geographic reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions.

User Content Policy

As a Logged-in User, you may use certain of the Services on certain Australian Geographic Sites to create text, to upload certain files or embed certain files, including but not necessarily limited to video clips, sound recordings, written posts and comments, information, other text (including but not limited to hyperlinks), data, photographs, and graphics, and other interactive features generated, provided, or otherwise made accessible on or through the Services (the “User Content”). By creating, then submitting and / or uploading User Content, you agree to be bound by the Australian Geographic policy for User Content as described in this section (the “User Content Policy”). If you do not comply with the User Content Policy, your access to the Services may be terminated as more fully described in section 13 of these Terms and Conditions.

When you submit User Content, and without limiting the generality of the Prohibited Conduct sub-section found in this section of the Terms and Conditions, you acknowledge and agree to the following:

(i) User Content submitted by you does not violate any intellectual property right or other proprietary right of a third party. Without limiting the generality of the foregoing, you acknowledge that any written text or photographs or video clips or other User Content submitted are your own original works, or works for which you have been granted a valid license to reproduce or display. You affirm, represent and warrant that: (1) you own or have the necessary licenses, rights, consents, and permissions to use (and authorize Australian Geographic to use) all intellectual property rights and other proprietary rights in and to the User Content (or the individual constituent elements thereof) as set out herein; and (2) have all necessary consents to collect, use and disclose any personally identifiable information, images, or sounds (of yourself or third parties) contained or displayed in the User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms and Conditions;

(ii) You retain all of your ownership rights in the User Content you submit. However, by submitting User Content to Australian Geographic, you hereby grant Australian Geographic a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, edit, modify, translate, copy, reproduce, distribute, display, and / or perform and otherwise fully exploit the User Content (or any portion thereof, or any derivative works thereof), including your name or username associated with your User Content, in connection with the Services and / or Australian Geographic’s business or activities, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any and all media channels (whether known or unknown) without any compensation to you. You understand and agree that Australian Geographic may retain, but not display or distribute, server copies of User Content that have been removed or deleted;

(iii) You hereby waive any moral rights you may have in your User Content, and acknowledge that Australian Geographic may modify or adapt your User Content for display or distribution purposes. You grant other users of the Services and / or visitors to an Australian Geographic Site a non-exclusive license to access your User Content, and to use, reproduce, distribute, display and / or perform such User Content as permitted through the functionality of the Services and under these Terms and Conditions;

(iv) The licenses granted by you in the previous two paragraphs in regards the User Content are perpetual and irrevocable, and apply throughout the world and in any and all media (whether known or unknown) as applicable;

(v) You will not upload any User Content that is unlawful, such as User Content that is threatening, abusive, harassing, defamatory, libellous, fraudulent, invasive of another’s privacy, or otherwise tortuous. Furthermore, you will not upload any User Content that contains any adult content; or upload any User Content that contains viruses, commercial solicitations, mass mailing, chain mailing or any other form of spam, or other harmful or disruptive component; and

(vi) You will not include in User Content links to any third party website that is a spam or phishing website, to any website that contains adult content, or to any website that may violate any applicable law.

Where you are accessing or downloading User Content of a Logged-in User, you acknowledge that any use of the User Content accessed or downloaded by you while using the Services or visiting a Australian Geographic Site is at your own risk and you will be solely responsible for any damage or loss to you or any third party arising therefrom, and Australian Geographic disclaims any responsibility in this regard. If you, as an Australian Geographic Site visitor or Services user, believe that a Logged-in User has posted User Content that violates this User Content Policy, please email us at editorial@ausgeo.com.au so that we may conduct an inquiry. Please include a URL of the User Content in question. Australian Geographic retains absolute discretion whether to remove or modify any User Content or take any other action pursuant to your report.

User Content may or may not be edited, curated, moderated or otherwise modified or checked by Australian Geographic prior to posting, depending on the Service used. Australian Geographic reserves the right, in its sole discretion, to remove or modify immediately and without notice, any User Content that violates the User Content Policy.

Australian Geographic will not be held liable for any damages, pecuniary or otherwise, to you or any third party arising from your submission or use of User Content, whether it violates the User Content Policy or not, and disclaims any responsibility in this regard.

Third Party Dealings

You acknowledge and agree that your correspondence or business dealings with any third parties, including without limitation any merchants or advertisers, found on, or through, a Australian Geographic Site or any Australian Geographic Service, including without limitation payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. Australian Geographic assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner.

5. Submission of Ideas of Content

Australian Geographic is always improving its websites and services and developing new features. If you have ideas and/or suggestions regarding improvements or additions, we would like to hear them – but any submission will be subject to these Terms and Conditions. Under no circumstances shall any disclosure of any idea and/or suggestion or related material to Australian Geographic be subject to any obligation of confidentiality or expectation of compensation. By submitting the idea and/or suggestion or any related material to Australian Geographic, you are waiving any and all rights that you may have in the idea and/or suggestion or any related material and are representing and warranting to Australian Geographic that the idea and/or suggestion or any related material are wholly original with you, that no one else has any rights in the idea and/or suggestion or any related material and that Australian Geographic is free to implement the idea and/or suggestion and to use the related material if it so desires, as provided or as modified by Australian Geographic, without obtaining permission or license from you or any third party.

6. Website Subscription Services

Certain of the Services made available on an Australian Geographic Site may be offered by Australian Geographic on a payment basis (a “Pay Service“). Pay Services may be offered by Australian Geographic on a single download basis, prepaid usage basis or on a periodic subscription (“Subscription“) basis. Should you choose to purchase a Pay Service, you will be required to register and you will be assigned an account for such Pay Service (the “Pay Service Account“) based on the information you provide as part of the registration process.

You agree to pay all the fees applicable for such Pay Service you incur through your Pay Service Account, including without limitation any fees associated with the use of such Pay Service together with all applicable taxes (the “Fees“). Unless otherwise indicated on the relevant Pay Service description page (the “Pay Service Description“), the Fees for a Pay Service purchased through your Pay Service Account are chargeable immediately (and at the beginning of each renewal period for periodic Subscription Pay Services) to the credit card you designated for the particular Pay Service Account or through such other billing process as applicable. All Fees are non-refundable. Australian Geographic reserves the right to change the amount of, or basis for determining, any Fees for a Pay Service, and to institute new Fees or terms at any time effective upon notice to you, which notice may for certainty include the posting of any such changes on the relevant pages related to the use of the Pay Service.

Please note that Subscription Pay Services offered on a periodic subscription basis may renew automatically at the end of the relevant period as set out in the applicable Pay Service Description and Fees in respect of each such renewal shall be based on the then current rate for the particular Subscription Pay Service. Please review the terms and conditions at the time of confirming your periodic subscription. You may terminate your subscription at any time, which termination will be effective on the date specified for terminations of that particular Subscription Pay Service.

By registering for a Pay Service, you warrant that: (a) you are of the age of majority in the jurisdiction in which you reside, (b) all information you submit is true and correct (including without limitation all credit card information), and (c) you are the cardholder of the credit card you designated for your Pay Service Account. In consideration of the availability, and your use, of a Pay Service, you acknowledge and agree: (a) to these Terms and Conditions, including without limitation the disclaimers, limitations of liability and provisions related to prohibited conduct set out herein as well as any terms and conditions which may be set out in the relevant Pay Service Description, (b) that you are solely responsible for all acts or omissions that occur through your Pay Service Account, (c) that the Pay Service is for your personal, non-commercial use and you agree not to resell, distribute, transfer, share or otherwise use any Pay Service, and (d) that Australian Geographic reserves the right to suspend or terminate your Pay Service Account and your use of a Pay Service at any time, including without limitation, where Australian Geographic has determined, in its sole discretion, that your use of the Pay Service is, or was, in breach of these Terms and Conditions. Any such termination by Australian Geographic shall be in addition to and without prejudice to such rights and remedies as may be available to Australian Geographic, including without limitation injunction and other equitable remedies. Your ability to use the Pay Service is also subject to any limits established by Australian Geographic or by your credit card issuer. If Fees cannot be charged to your credit card or your charge is returned for any reason, including without limitation chargeback, Australian Geographic reserves the right to either suspend or terminate your Pay Service Account and your access to the Pay Service.

7. Retail offerings through the Australian Geographic Website

The Australian Geographic Website provides you with access to two retail portals, Australian Geographic Online Store and Australian Geographic Retail Stores.

(i) Australian Geographic Online Store

The terms and conditions of use of Australian Geographic’s Online Store (including purchase of magazine subscriptions and non-magazine products, returns or refunds) are available here

(ii) Australian Geographic Retail Stores

We provide you with access to Australian Geographic retail stores (“AG Retail Stores”). The AG Retail Stores are operated and managed by:
Australian Geographic Retail Pty Ltd

PO Box 219
Pymble NSW 2073
Telephone: 02 9473 6700 (9am – 4pm Australian Eastern Standard Time)
Email: eshop@agretail.com.au

To the extent permitted by law, we disclaim all responsibility or liability for or arising in respect of the use by you of the AG Retail Stores. Your use of the AG Retail Stores is subject to Australian Geographic Retail Pty Ltd’s terms and conditions of use, which are available at http://shop.australiangeographic.com.au/Terms-Conditions-W7.aspx.

Any concerns or enquiries in relation to the AG Retail Stores, including in relation to returns or refunds, should be directed to Australian Geographic Retail Pty Ltd.

8. Responsibility for Minors

In cases where you have authorized a minor under the age of 18 to use an Australian Geographic Site or any Australian Geographic Service, you recognize that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor’s access to and use of such site or service; and (c) the consequences of any misuse by the minor. You acknowledge that some of the areas of an Australian Geographic Site may contain material that is inappropriate for minors.

9. Disclaimers

General Disclaimer

You expressly understand and agree that: (a) an Australian Geographic Site and any Australian Geographic Service are provided on an “as is” and “as available” basis and that Australian Geographic makes no warranties, representations or conditions (as used in this section “warranties”) of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement, and that any such warranties are hereby expressly disclaimed, and (b) Australian Geographic specifically makes no warranties that an Australian Geographic Site or any Australian Geographic Service, including without limitation any content, information, products or services obtained from or through the use of an Australian Geographic Site or any Australian Geographic Service, will be provided on an uninterrupted, timely, secure or error-free basis or that such service(s) or the results derived therefrom will meet your requirements or expectations.

Professional Information Disclaimer

The Australian Geographic Sites may make available certain information provided by third parties related to various professional fields (the “Professional Information”). The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of an Australian Geographic Site does not replace consultations with a qualified medical, legal, financial or other relevant professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and, therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that Australian Geographic, including without limitation its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, any Professional Information.

10. Privacy

Australian Geographic respects the privacy of all of its users and customers and is committed to protecting their privacy. 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 the Australian Geographic Privacy Policy which specifies how user information is collected, used and disclosed by us in connection with your use of an Australian Geographic Site and any of the Australian Geographic Services and which forms part of these Terms and Conditions.

11. Warranties and Limitation of Liability

You may have rights under the 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 in paragraphs (d), (e) and (f) below, apply subject to any rights you may have under such laws.

(a) you expressly understand and agree that your access to and use of this website is at your sole risk and that the website is provided “as is” and “as available”. In particular, we do not represent or warrant to you that:

(i) your access to and use of the website will meet your requirements (and you expressly acknowledge that you have relied upon your own experience, skill and judgment to evaluate the website and that you are satisfied as to the suitability of the website to meet your requirements); or

(ii) your access to and use of the website will be uninterrupted, timely, secure or free from viruses or errors.

(b) 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 the 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.

(c) 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, 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:

(i) in relation to goods, the replacement of the goods or supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired; or

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

(d) subject to our obligations under the non-excludable terms, and to the maximum extent permitted by law, our maximum aggregate liability for all claims arising under or in relation to this agreement, or otherwise as a result of your access to and use of this 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.

(e) 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 this agreement or its subject matter for any indirect, special or consequential loss or damage or for any loss of goodwill, opportunities, anticipated savings or profits.

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

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL AUSTRALIAN GEOGRAPHIC , INCLUDING WITHOUT LIMITATION ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER AUSTRALIAN GEOGRAPHIC HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE AUSTRALIAN GEOGRAPHIC SERVICES OF A AUSTRALIAN GEOGRAPHIC SITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO A AUSTRALIAN GEOGRAPHIC SITE OR ANY OF THE SERVICES.

You expressly acknowledge that Australian Geographic has entered into this agreement, and has or may make an Australian Geographic Site, Content and Australian Geographic Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and Australian Geographic. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.

12. Indemnification

You agree to defend, indemnify and hold harmless each of Australian Geographic, its affiliates and licensors and each of their respective officers, directors, employees, contractors and agents, including all third parties mentioned on an Australian Geographic Site, from and against any loss, damage, liability, cost, expense and all claims, actions or demands, including without limitation legal fees on a solicitor-client basis, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of a Australian Geographic Site, Australian Geographic Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from an Australian Geographic Site or through any Australian Geographic Services. You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

13. Termination

You acknowledge and agree that Australian Geographic, in its sole and absolute discretion, may, without notice to you, suspend or terminate your Account or your use of, or access to, an Australian Geographic Site or any Australian Geographic Service, and remove and discard any information or content related to an Australian Geographic Site or any Australian Geographic Service (and your use thereof), for any reason, including where Australian Geographic believes that you have violated any of these Terms and Conditions. You further agree that Australian Geographic shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with an Australian Geographic Site or any Australian Geographic Service or with any terms, conditions, rules, policies, guidelines, or practices of Australian Geographic in operating an Australian Geographic Site or any Australian Geographic Service, your sole and exclusive remedy is to discontinue using an Australian Geographic Site or any Australian Geographic Service.

14. Jurisdiction

All Australian Geographic Sites and Australian Geographic Services are controlled, operated and administered by Australian Geographic from its offices within Australia. Australian Geographic makes no representation or warranty that an Australian Geographic Site or any Australian Geographic Service is appropriate or available for use at any locations outside Australia. If you access an Australian Geographic Site from outside Australia, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through an Australian Geographic Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the State of New South Wales, Australia, without reference to its conflict of laws principles. Each party hereby agrees to submit to the jurisdiction of the courts of the State of New South Wales and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.

15. Contact

To contact Australian Geographic in connection with these Terms and Conditions or the Australian Geographic sites, send an email to customerservice@australiangeographic.com or write to us at Australian Geographic Holdings Pty Ltd, 52-54 Turner Street, Redfern, NSW, 2016.

16. Force majeure

Neither party will be liable for any delay in performing any of its obligations under these terms and conditions if such delay is caused by circumstances beyond the reasonable control of that party.

17. General Provisions

a) This agreement is personal to you, and you may not assign your rights or obligations to anyone.

b) These Terms and Conditions constitute the entire agreement between Australian Geographic and you pertaining to your use of an Australian Geographic Site, an Australian Geographic Service and Content and supersedes any prior agreements between you and Australian Geographic with respect to the subject matter hereof.

c) Australian Geographic’s failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision.

d) If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein.

e) 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.

f) The provisions of these terms and conditions which by their nature survive termination or expiry of these terms and conditions will survive termination or expiry of these terms and conditions.

g) The word “including” when used in these terms and conditions is not a term of limitation.

h) No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein.

18. Variation of the Website

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