Terms and Conditions

 
 

The Good News Email – Conditions of Use

These terms and conditions, together with The Good News Email Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on The Good News Email website ("Conditions") govern your use of and access to The Good News Email.

Changes to Conditions

1.     We may change all or part of the Conditions at any time. If we do, the new Conditions will be posted on The Good News Email website.

2.     Your subsequent or continued use of The Good News Email will constitute your acceptance of any changes.

3.     If you object to any changes to the Conditions, your only remedy is to immediately discontinue your use of The Good News Email.

The Good News Email

1.     While we use reasonable endeavours to ensure that The Good News Email is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure, or error free.

2.     Your access to The Good News Email may be suspended without notice in the case of system failure, maintenance or repair, or any reason beyond our control.

3.     Except as expressly provided otherwise in the Conditions, we reserve the right to change or discontinue at any time:

(a)   The Good News Email; or

(b)   any feature or service of The Good News Email.

4.     Except as expressly provided otherwise in the Conditions, we reserve the right to change the pricing for any service or feature that is part of The Good News Email at any time by providing notice to you.

Membership

1.     To access or use certain parts of The Good News Email, you must register as a member of The Good News Email.

2.     When registering as a member, you must provide us with accurate, complete and up-to-date registration information, as requested.  It is your responsibility to inform us of any changes to your registration information.

3.     We will handle your personal information in accordance with our Privacy Policy.

4.     You must not:

(a)   register as a member multiple times; or

(b)   create a membership for any person other than yourself.

5.     We may at any time request a form of identification to verify your identity.

6.     You must ensure the security and confidentiality of your membership details, including any username and/or password assigned to you.  You are wholly responsible for all activities which occur under your membership details (including unauthorised use of your credit card).  You must notify us immediately if you become aware of any unauthorised use of your membership details.

7.     We reserve the right to, in our sole discretion, suspend or terminate your membership or access to all or any part of the [Good News Email], including if we believe you are abusing the services in any way or have breached the Conditions.

Your conduct

1.     You must not:

(a)   use The Good News Email in breach of any applicable laws or regulations;

(b)   use The Good News Email (or Material obtained from The Good News Email):

(i)              to transmit (or authorise the transmission of) "junk mail," "chain letters," unsolicited emails, instant messaging, "spimming," or "spamming"

(ii)             to impersonate any person or entity;

(iii)            to solicit money, passwords or personal information from any person; or

(iv)           to harm, abuse, harass, stalk, threaten or otherwise offend others; or

(c)   use The Good News Email to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Material that:

(i)              is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;

(ii)             contains or promotes information about unlawful activities or conduct;

(iii)            is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, or otherwise unlawful;

(iv)           exploits another person in any manner;

(v)            includes an image or personal information of another person or persons unless you have their consent;

(vi)           poses or creates a privacy or security risk to any person;

(vii)          you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;

(viii)         contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;

(ix)           advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or

(x)            contains financial, legal, medical or other professional advice; or

(d)   interfere with, disrupt, or create an undue burden on The Good News Email;

(e)   use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of The Good News Email;

(f)    use The Good News Email with the assistance of any automated scripting tool or software;

(g)   except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the [Good News Email] or cause any other person to do so; or

(h)   delete any attributions or legal or proprietary notices on The Good News Email Website.

Your Material

1.     By uploading, transmitting, posting or otherwise making available any Material on The Good News Email, you:

(a)   grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form and for any purpose;

(b)   warrant that you have the right to grant the abovementioned licences;

(c)   warrant that the Material does not breach the Conditions; and

(d)   unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.

2.     We reserve the right (but have no obligation) to:

(a)   review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Conditions or otherwise has the potential to harm, endanger or violate the rights of any person; and

(b)   monitor use of the [Good News Email], and store or disclose any information that we collect, including in order to investigate compliance with the Conditions or for the purposes of any police investigation or governmental request.

3.     We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the [Good News Email] by any person other than us.  For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the [Good News Email] simply by facilitating others to post, transmit or other make Material available. 19.

4.     We do not endorse any opinion, advice or statement made by any person other than us.

Intellectual Property

1.     Except where expressly provided otherwise in the Conditions, you do not have any right, title or interest in or to any proprietary rights relating to The Good News Email.

2.     The Good News Email contains Material that is protected by copyright, trade mark and other laws.  Except where expressly provided otherwise in the Conditions, you may reproduce and display the Material on The Good News Email for your own personal, non-commercial use only.  Except for the temporary copy held in your computer's cache and a single permanent copy for your personal reference, the Material may not otherwise be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or part without our prior written approval or the written approval of our licensor.

Third party websites, advertising and activities

1.     We may feature or display on The Good News Email  links and pointers to websites operated by third parties.  Such websites do not form part of The Good News Email and are not under our control.  We do not accept any responsibility in connection with any such website.  If you link to any such websites, you leave The Good News Email entirely at your own risk.

2.     The Good News Email may feature or display third party advertising.  By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.

Disclaimer

1.     Except where expressly stated otherwise, Material on The Good News Email is provided as general information only.  It is not intended as advice and must not be relied upon as such.  You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.

2.     We will not be liable for loss resulting from any action or decision by you in reliance on the Material on The Good News Email.

3.     You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with The Good News Email in any circumstance.

Limitation of liability

1.     You use The Good News Email at your sole risk.

2.     To the extent permitted by law, we exclude all conditions and warranties relating to your use of The Good News Email that are not expressly set out in the Conditions.

3.     To the extent that our liability for breach of any implied warranty or condition, or statutory guarantee, cannot be excluded by law, our liability will be limited, at our option, to:

(a)   in the case of services supplied or offered by us:

(i)              the re-supply of those services; or

(ii)             the payment of the cost of having those services re-supplied; and

(b)   in the case of goods supplied or offered by us:

(i)              the replacement of the goods or the supply of equivalent goods;

(ii)             the repair of the goods;

(iii)            the payment of the cost of having the goods replaced; or

(iv)           the payment of the cost of having the goods repaired.

4.     In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with The Good News Email.

Severability

1.     If any provision of the Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Conditions, which shall remain in full force and effect.

No waiver

2.     No waiver of any term of the Conditions shall be deemed a further or continuing waiver of such term or any other term.  Any failure to assert any right under the Conditions shall not constitute a waiver of such right.

Applicable law

3.     These Conditions shall be construed in accordance with and governed by the laws of Victoria, Australia.  You consent to the exclusive jurisdiction of the courts in Victoria to determine any matter or dispute which arises under the Conditions.

Definitions

In these terms and conditions:

"Conditions" means these terms and conditions, together with The Good News Email Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on The Good News Email.

"Good News Email" means all of the websites that we own and/or operate from time to time, regardless of how those websites are accessed by users (including via the Internet, mobile phone or any other device).

"Material" means text, illustrations, photos, audio, video, any combination of these or other material.

"Us", "we" or "our" means The Good News Email, ABN: 11 783 809 966.