Terms and Conditions
1. Welcome to the Website
1.1 Welcome to the EMG Digital Magazine Website. The Website is owned, operated and maintained by Express Publications Pty Limited ACN 057 807 904 (“EMG”) of 2 Stanley Street Silverwater NSW 2128 Australia (ph) 612 9741 3800 (fax) 612 9737 8917 (email) firstname.lastname@example.org and has been created for you to access the digital magazines of EMG.
1.2 Please note that your access to and use of the Website is subject to your acceptance and compliance with this Agreement. By using and/or continuing to access the Website, you agree to be bound by this Agreement and any amendments to it. If you do not agree to any of the terms and conditions of this Agreement or any amendments, please stop using the Website immediately.
2. About the Agreement
2.1 To make this Agreement easier to read, we have defined certain words and phrases and capitalised them throughout this Agreement. Definitions of those words can be found in clause 16.
2.2 Use of some parts or features of the Website may be governed by other terms and conditions. Those terms and conditions will also apply to this Agreement, and will prevail over this Agreement if there is any inconsistency between them.
2.3 We may amend this Agreement at any time without notice. Any amendments to this Agreement will be effective as soon as they are posted to the Website. By using this Website you agree to be bound by any changes to this Agreement.
3. Digital Magazine & DVD Licence
3.1 The digital magazines accessed through this Website are licenced, not sold, to you for use only under the terms of this Agreement. You have a limited, personal, non exclusive, non sub-licensable licence to access and view a digital magazine on payment of a fee to EMG (“Digitable Magazine Licence”). Your Licence is limited for the term of the life of the EMG magazine app. The term of the life of the EMG app is at the sole discretion of EMG. EMG reserves all rights not expressly granted to you. Some magazines may be licenced with DVD access. When this is the case you have a personal, non exclusive, non sub-licensable licence to access and download each DVD up to 5 times (“DVD Licence”). There may be a fee payable or the fee for the Digitable Magazine Licence may include a DVD as a value add on. For clarity you are not buying a digital magazine you are licencing it to view it for the life of the EMG magazine app unless terminated in accordance with this Agreement.
3.2 Access to viewing the digital magazines may require Internet access and that you accept additional terms and conditions to enable you to view the digital magazine including the licencing of a EMG magazine app, additional charges for data as may be required by your use of the EMG magazine app, your carrier or other third party providers. You acknowledge and agree that you are solely responsible for all fees and charges applicable to, inter alia, the viewing of a digital magazine.
4. Digital Magazine Store
4.1 The EMG digital magazine store is where you can obtain copies of a digitally modified version of a print version of an EMG magazine (with or without a DVD) or a digital only EMG magazine (with or without a DVD) or otherwise subscriptions of digital magazines (with or without a DVD) or DVD’s that may be offered to you from time to time under licence (collectively referred to as “Service/s”).
4.2 To access the digital magazine store you will need to register for an account with EMG. You are responsible for maintaining the confidentiality of your account. It is a fundamental condition of this Agreement for you to keep your account details confidential.
4.3 By clicking on the “I agree to the terms and conditions” at the checkout you are agreeing to be bound by this Agreement and:
(a) You are accepting an offer to licence a digital magazine (with or without a DVD) or a digital magazine subscription (with or without a DVD) or a DVD for the fee advertised at the time for the Services;
(b) You have the intention of being legally bound;
(c) You are over the age of 18 years or have the permission of an adult to do so;
(d) You have read and understood the terms and conditions of this Agreement;
(f) You authorize us, our financial institution and our bill payment systems provider to deal with your credit or debit card in order to process your information for the purposes of payment to us for the licencing of the Services;.
(g)Prices for digital magazines (with or without a DVD), digital magazine subscriptions (with or without a DVD) or DVD’s obtained within Australia are advertised in Australian dollars and are inclusive of GST;
(h)Prices for digital magazines (with or without a DVD), digital magazine subscriptions (with or without a DVD) or DVD’s obtained outside Australia are advertised in Australian dollars have no GST included or added to the final price;
4.4 Payment is to be made in Australian dollars;
4.5 EMG will not be held liable for any loss due to you entering incorrect details on the registration form;
4.6 In the event delivery is delayed for over 24 hours we request that you contact our customer service department (see details above);
4.7 Offers in our digital magazine store form part of these terms and conditions;
4.8 All statutory guarantees that relate to our services apply.
5. Protecting Your Privacy
6.1 The license for a digital magazine is effective until terminated by you or EMG.
6.2 If you close your account you will no longer have access to your Digitable Licenced Magazines and your licence/s will cease.
6.3 If you delete your EMG magazine app you will no longer be able to view the digital magazines. You will still be able to access all your Digitable Licenced Magazines in your account and download them again to an EMG magazine app. All digital magazines licenced by you can only be viewed by the EMG magazine app.
6.4 Your rights under this Agreement may terminate automatically without notice from EMG if you fail to comply with any term(s) of this Agreement or the terms of any corresponding subscription agreement in respect of magazines accessed through the Website or the EMG magazine app including but not limited to you breaching clause 7.2 below.
6.5 You may cancel a digital magazine subscription at any time by accessing your account and ticking the cancellation button. You will still have access to all your previous Digitable Licenced Magazines unless 6.2, 6.3 or 6.4 apply.
6.6 Subject to 6.4 above you will be able to view your DVD in perpetuity as long as you or any third party does not delete it after you download it.
6.7 In the event that you make more than 5 downloads of the same DVD your account will be suspended and investigated. EMG will have the sole discretion as to whether it terminates your account in accordance with 6.4 above or allows you to continue with your account.
7. Intellectual Property
7.1 You acknowledge that the digitable magazines and DVD’s accessed through this Website is the subject of Intellectual Property and legal rights (including third party rights). You may not, during or at any time after the expiry or termination of this Agreement, do or permit any act which infringes any of those rights. All Copyright material in the digitable magazines and DVD’s is owned by either EMG or reproduced with the permission of the author.
7.2 Other than as expressly permitted by law or this Agreement, you may not, without the specific prior written consent of EMG, do any of the following things, either directly or indirectly:
(1) use, copy, reproduce, translate, reuse, transmit, retransmit, adapt, vary, remove, alter, modify, store, publish, republish, broadcast, link, distribute, frame, post, upload, rewrite, broadcast or store a digitable magazines or DVD;
(2) incorporate a digitable magazine or DVD into any other website or use them for any commercial purpose;
(3) store a digitable magazine or DVD in a retrieval system by any means, including graphic, electronic or mechanical means, photocopying, recording, taping or storage in an information retrieval system; or
(4) use a digitable magazine or DVD in any manner or for any purpose which is unlawful, which violates any right of EMG or which is prohibited by this Agreement.
7.3 All names, logos and trademarks (both registered and unregistered) are the property of EMG, or the third parties who have contributed to a digitable magazine or DVD. Nothing contained in these terms, on this Website or in a digitable magazine or DVD should be construed as granting any licence or right to use or distribute any name, logo or trademark displayed.
8. Indemnity and Limitation of liability
8.1 You indemnify EMG, its directors, officers, employees, suppliers and agents to the fullest extent permitted by law, from and against all Loss however occurring to you or anyone else arising out of, or in any way connected with, the use of this Website. The cause of the Loss includes but is not limited to:
(1) access or use, or inability to access or use this Website;
(2) reliance on digital magazine or DVD;
(3) the transmission of any computer virus;
(4) EMG’ negligence;
(5) a breach of your computer’s security;
(6) any unauthorised access to, modification or alteration of the Website;
(7) any material or data sent or received or not sent or received;
(8) any infringement of another’s rights, including Intellectual Property;
(9) any threatening, defamatory, obscene, offensive, harmful, inappropriate, illegal content or conduct of any party; and
(10) delays, interruptions, inaccuracies, errors, omissions or cessation of services.
8.2 In relation to Non Excludable Rights, any liability incurred by EMG in relation to the use of this Website or the Content is limited as provided under the Consumer and Competition Act 2010 (Cth). Liability which cannot be excluded, is limited to the extent possible, at EMG’ option, to:
(1) the supply of the goods or services again;
(2) the repair of the goods; or
(3) the payment of the cost of having the goods or services supplied again or repaired.
9.1 The Website is provided on an “as is” basis. EMG makes no representations or warranties regarding the accuracy, reliability or completeness of the Website.
9.2 From time to time EMG may change the Website to add or remove features or services, without liability to you.
9.3 To the fullest extent permitted by law, EMG disclaims all warranties, express or implied or otherwise, including without limitation any implied warranties of merchantability or fitness for a particular purpose relating to your use of the Website, or access to or non-access to the Website. In addition, EMG does not warrant that the Website or the server that makes it available, or email sent from EMG are free of viruses or other harmful components.
10.1 The Website may contain links to Third Party Websites that are not owned, operated or maintained by EMG. EMG has no control over the content or policies of such Third Party Websites and accepts no responsibility for any Loss arising from your use of a Third Party Website.
10.2 Links to Third Party Websites are for your convenience only and do not constitute endorsement or recommendation by EMG of any material found at those sites.
11.1 During your use of the Website, we may issue to and request from your computer blocks of data known as “cookies”. By using this Website you authorise us to issue such cookies to your computer. You must not alter any cookies sent to your computer from the Website and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from the Website.
12.1 If any provision of this Agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this Agreement which will continue in full force and effect. All rights not expressly granted are reserved.
12.2 If you breach any provision of this Agreement, and EMG has knowledge of that breach, a failure to pursue legal action or to enforce any remedy against you will not constitute a waiver of our legal rights. Any waiver or legal rights granted under this Agreement will only be effective if it is in writing and signed by EMG.
13. Governing law and jurisdiction
13.1 All matters relating to this Website are governed by and are to be construed according to the laws applicable in the State of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
13.2 Express has the right to commence and prosecute any action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief if EMG considers (in its discretion) that the action is necessary or desirable.
14. Using the Website from outside Australia
14.1 If you access the Website from a country other than Australia and this Agreement does not satisfy the laws of your country, you are not entitled to use the Website.
14.2 If you do use the Website despite infringing clause 16.1, you agree to indemnify EMG for any Loss which may be incurred as a consequence.
You may not assign your rights under this Agreement to any third party. EMG may assign your rights under this Agreement without condition.
16.1 In this Agreement:
(1) Agreement means the terms, conditions, notices, disclaimers and offers to licence contained in this document and elsewhere on the Website;
(2) Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing:
(a) any law, rule or regulation of any country (or political sub-division of a country);
(b) any obligation under any licence in any country (or political sub-division of a country); (c) any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country);
(3) content means any information including files, text, material, images, data, sounds, graphics, software, photos, graphics, software downloads, goods, service documents, layouts, applets, CGI interfaces, product photographs, screen designs, descriptions, illustrations, catalogues, advertisements, third party advertisements, publicity material, audio and video material, references to products or services, or specifications contained in, referred to, on this Website, in a digital magazine or DVD, obtained or able to be viewed by accessing any part of this Website (which may be out of date or superseded), whether it be obtained directly or indirectly, in any machine or human readable format;
(4) EMG means Express Publications Pty Limited ACN 057 807 904 its subsidiaries, officers, agents, directors, officers, employees and “related bodies corporate” as defined in the Corporations Act 2001;
(5) Intellectual Property means all intellectual property rights as defined by Article 2 of the World Intellectual Property Organisation Convention 1967, in any inventions, designs, trademarks, trade names, circuit layouts, plant varieties, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or via the Website, a digital magazine or DVD;
(6) Loss means any direct, special, indirect, incidental or consequential liabilities, damages, claims, losses, costs, expenses, actions, claims, suits, demands, whether in contract, tort (including negligence), statute or otherwise, whether suffered by you, someone else, or claims made against you through the use of this Website. This includes, but is not limited to, loss of business profits, legal costs and defence or settlement costs;
(7) Non Excludable Rights means the rights and remedies conferred by the Consumer and Competition Act 2010 (Cth) and similar State and Territory Legislation in Australia in relation to the provision of goods or services on web sites which cannot be excluded, restricted or modified. Where any Act of Parliament implies any term, condition, representation or warranty into the use of this Website or your use of or access to the Website, and that Act prohibits exclusion of that term, condition, representation or warranty, then it will be included in these Non Excludable Rights;
(8) Third Party Websites means sites and resources located on servers maintained by others over whom EMG has no control;
(9) Website means those web pages contained within this domain and any sub-domains; and
(10) Your Information means any information you provide to us in the process of registering for an account, and includes:
(a) your personal details;
(b) information provided under clause 4.
Dated 13 May 2014.