Terms & Conditions

Terms of Use

The Power Index, the website, and The Power Daily, are owned by Private Media Pty Ltd (ABN 11 102 933 362). Access to and use of the website www.thepowerindex.com.au and The Power Daily, its associated email newsletter, is provided by Private Media Pty Ltd called in this document "the Publishers", on the following Terms. Please read the whole of this page carefully. If you do not agree to these Terms, you should not obtain information, services or products from this site.

The Publishers reserve the right to review and modify any of the Terms of Use at any time. The Publishers welcome your comments and feedback.

Subscriber Services

The Publishers offer The Power Index subscribers access to content or information not available to non-subscribing users. Terms and conditions attaching to the use of any subscriber service are in addition to these Terms.

If you are a subscriber to the email or the website or any of its products or services, you acknowledge that:

• you purchase the right to access The Power Index email or website from any computer you choose, for the duration of your subscription;

• your subscription is for your own personal use only and you will not enable third parties to have access whether free or for a charge;

• you are solely responsible for the protection and confidentiality of any password or user ID that may be issued to you from time to time and you will not reveal (or cause to be revealed through any act or omission) your password to any other person;

• the price of any subscriber service is subject to change at any time.

Online Payment Security

Subscribers to The Power Index may make online subscription payments using direct debit (Private Media takes funds from your bank account for one calendar year's subscription), via direct bank transfer, or credit card (you are charged for your subscription to The Power Index for one calendar year). Private Media uses its vehicle, Blimey Holdings Pty Ltd, (ABN 98 101 558 847) to collect subscriptions revenue on behalf of The Power Index. Blimey Holdings is the name that will appear on your bank account or credit card statement.

If you have opted to have your subscription renew automatically, credit card details or bank account details of all subscribers will be retained by SecurePay Australia which is the payment gateway used by Private Media to process payments. Renewal payments are triggered by The Power Index and actioned by SecurePay using these details. Subscribers can change their credit card or bank account details at any time. Subscribers will be personally responsible for the security of their personal username and password, which gives access to personal details other than banking details, e.g. name, address, telephone etc.

Subscription dues are in Australian Dollars ($AUD) only.

Credit Card payments:

Annual subscribers to The Power Index will pay the current annual subscription price in advance for the subscription service. The subscriber's credit card or direct debit details are retained by SecurePay Australia.

Your rights:

You may terminate your association with us by giving notice to us in writing.

Notice given to us should be received by us at least 10 business days prior to the due date of the next drawing.

Client Service Agreement for Direct Debit Requests (Cheque/Savings Accounts NOT Credit Cards)

Drawing arrangements:

You will authorise the drawing arrangements when you enter your banking details into the form on our website. The first payment will be drawn immediately. Where the due date falls on a non business day, we will draw the amount on the next business day. We will not change the amount or frequency of drawings arrangements without at least two weeks prior notice to you at the email address registered with us. In the event of any drawing being returned unpaid by your nominated Financial Institution your access to The Power Index will terminate immediately. You will need to advise The Power Index of your new banking details to recommence your subscription. We will keep all information pertaining to your nominated account at the Financial Institution, private and confidential.

Your rights:

You may terminate the Direct Pay Plan drawing arrangements at any time by giving written notice directly to us, or through your nominated Financial Institution. Notice given to us should be received by us at least 10 business days prior to the due date of the next drawing. You may stop payment of a drawing under the Pay Plan by giving written notice directly to us, or through your nominated Financial Institution. Notice given to us should be received by us at least 10 business days prior to the due date of the next drawing. You may request change from monthly to annual or vice versa of the Direct Pay Plan drawings by contacting us and advising your requirements no less than 10 business days prior to the due date. Where you consider that a drawing has been initiated incorrectly you may take the matter up directly with us, or lodge a Direct Debit Claim through your nominated Financial Institution.

Your commitment to us, your responsibilities:

It is your responsibility to ensure that sufficient funds are available in the nominated account to meet a drawing on its due date. It is your responsibility to ensure that the authorisation given to draw on the nominated account is identical to the account signing instruction held by the Financial Institution where the account is based. It is your responsibility to advise us if the account nominated by you to receive the Direct Pay Plan drawings is transferred or closed. It is your responsibility to arrange with us a suitable alternate payment method if the Direct Pay Plan drawing arrangements are cancelled either by yourselves or the nominated Financial Institution.

Subscription & Membership definitions

Annual subscription & annual membership:

An annual subscription, also known as annual membership, is an agreement whereby the individual joins and has access to The Power Index for a period of 12 months. From time to time there may be offers and or bonuses associated with joining on an annual basis. Unless you have opted-in to be automatically renewed, Private Media will not invoice the individual on a repeating annual basis. The individual needs to take action to confirm they wish to renew their annual membership.

Refund & Subscription Suspension Policy

In the event that a subscriber wishes to cancel their subscription, subscribers acknowledge that Private Media Pty Ltd will calculate and refund the unused portion of their subscription within ten (10) business days of the cancellation request.

Each subscriber further acknowledges that once an annual subscription period commences, membership can be suspended for a maximum of 3 months (12 weeks) over the life of the annual subscription.

General disclaimers

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:

• reliance on the completeness, accuracy, suitability or currency of the email or the website or their content (including third party material and advertisements on the email or the website), irrespective of any verifying measures taken by us. The email and the website are designed for general interest only.

• failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.

• accessing any sites or servers maintained by other organisations through links on the email or the website. Links are provided for the convenience of users of the email and the website only and without responsibility for the content or operation of those sites. Unless otherwise stated, linked sites and their products and services are not endorsed by the Publishers and your linking to any such site is at your own risk.

• the provision of credit card or other financial information, the failure to complete (or delay in completing) any transaction, or other loss or damage arising from any e-commerce transacted or attempted to be transacted on the website.

• defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

• a breach by the Publishers of their Privacy Policy (other than a wilful breach).

Continued site availability and access

The Publishers do not warrant that they 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.

Cookies

The Power Index website utilises cookies. If you do not have cookies enabled in your web browser some functions of the site may not work as intended.

Limitation of liability (if any)

The Publishers' 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.

Indemnity

You indemnify the Publishers, their 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.

Copyright and intellectual property

The material on this website is protected by copyright under the Australian Copyright Act 1968 (the Act) and, through international treaties, in other countries.

Copyright in articles and images appearing on www.thepowerindex.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 Pty Ltd (ABN 11 102 933 362)

Level 6, 22 William Street Melbourne Vic 3000

Telephone: (03) 8623 9900

Facsimile: (03) 8623 9975

Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

You are authorised to download and view content for your own personal, non-commercial use but 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 i.e. 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 (CAL) 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 (02) 9394 7600

Facsimile: (02) 9394 7601

Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Trade Mark

No The Power Index trade mark or logo (whether registered or otherwise) may be used without the prior, specific, written permission of the Publishers.

Links

You are welcome to create links from your website to The Power Index website. However, you must not use The Power Index trade marks or logos for this purpose unless you have the permission of the Publishers.

Our website and emails may contain links to websites not owned or operated by Private Media Pty Ltd. We do not accept liability for the availability or content of these sites.

General provisions

These Terms of Use are governed by the laws of Victoria, Australia. If any part of these Terms of Use is found to be invalid or unenforceable, it shall be severed without affecting the remainder.

Advertising Terms and Conditions

Private Media Pty Ltd (ABN 11 102 933 362) is the publisher of www.thepowerindex.com.au and its associated subscriber email ("us, our, we").

Our Advertising Terms and Conditions set out our standard terms and conditions for advertising products and services we supply to advertisers on our websites.

1. Every advertiser and advertising agency ("you") who submits an order for advertising on a website or in an email operated by us, agrees to these terms and conditions. Your order and these Terms and Conditions form the basis of a contract between you and us for the provision of the advertising ordered by you.

2. We will, subject to availability, technical limitations and these Terms and Conditions, use our reasonable endeavours to publish your advertisement in the format submitted by you and in accordance with your other instructions. The positioning or placement of your advertisement will be at our discretion unless we expressly agree otherwise in writing.

3. We may, at our absolute discretion, refuse to publish any advertisement without giving any reason. No contract is formed between you and us until we accept your advertisement for publication and issue you with a valid tax invoice. If we do refuse to publish your advertisement, no fee will be charged to you. Even if a contract has been formed between you and us, we reserve the right to refuse or withdraw your advertisement from publication at any time, without giving reasons, even if we have previously published the same or similar advertisement.

We may, at our absolute discretion and at no extra cost to you, re-publish your advertisement in any other place. You acknowledge that we are entitled to publish your advertisement anywhere in the world via any medium.

We may, without prior consultation or notice to you, amend your advertisement in any way whatsoever, if we believe that the publication of your advertisement would be offensive, in breach of any law, in breach of any pre-existing agreement we have with a third party or in breach of a third party's rights. If we amend your advertisement, this will not reduce the price agreed for publication of the advertisement.

We reserve the right to vary the placement or positioning of your advertisement and to change the format of your advertisement where we deem fit to do so. We will endeavour to notify you of those changes, but we will not be liable for any costs, expenses, losses or damages suffered or incurred by you arising from our failure to publish your advertisement in accordance with your request.

We may head any advertisement as "Advertisement" whenever required to do so by law or whenever we consider it appropriate, for any reason, to distinguish it from other types of content.

4. The rate for your advertisement will be as agreed by us and specified in your order. If we have quoted a rate to publish a specific quantity of advertising over a specific period and a lesser quantity is submitted for publication within that period, then what is published within that period shall be costed at whatever rate is necessary to generate the expenditure which would have been incurred had the full agreed volume been published.

You must pay us for the advertising services in accordance with the terms of your order. If no due date for payment is specified in your order, you must pay us within 30 days of the date of the invoice. We will invoice you monthly in advance.

All rates and charges quoted are, unless expressly stated otherwise, exclusive of GST. We will issue you with a valid tax invoice and you must pay us any applicable GST in addition to the rates and charges quoted to you.

5. Standard creative must be received at least 3 working days prior to the campaign starting date and rich media creative must be received at least 5 working days prior to the campaign starting date.

If creative is received by us after the relevant date and causes your campaign to be delayed, the publication of the advertisement will be considered to have commenced on the commencement date specified in the order.

It is your responsibility to arrange and manage re-directs with third party adservers and provide such third party with the creative and lead time requirements. We will not compensate you where campaigns are affected or delayed in any way by third party ad-server redirect problems. We may, in our absolute discretion, remove any redirects from our network which are delayed in serving advertisements.

All click-through URL's must enable the browser's 'back' feature to allow users to return to our website.

If you submit advertising material to us electronically, the material must comply with our specifications. We can reject the advertising material if it is not submitted in accordance with such specifications.

6. You must promptly check any proofs of advertising, if we have arranged to provide you with any and notify us of any errors in the proofs or in any advertisement that we publish for you.

We do not accept any responsibility for errors in advertising material that has been submitted electronically by you.

7. Cancellation of any advertisement or campaign must be received in writing from you no less than 21 days before the commencement date in your order in order to receive a 100% refund. Any cancellations after this date will be subject to a minimum cancellation fee of 100% of the total cost of the entire campaign. Campaigns cancelled at your request after commencement will not be entitled to a refund of the unused portion of the campaign.

8. If you fail to pay for the advertising services in accordance with your order and these Terms and Conditions, or if you commit an act of bankruptcy, become insolvent, have a receiver or administrator or liquidator or manager appointed over any of your assets or if you resolve to wind up your company, then we may (at our absolute discretion cancel any current advertising campaign and terminate any agreement for advertising that is yet to be published and take proceedings against you to recover any overdue amount including costs in relation to any action taken against you by us.

9. By submitting advertising material to us or authorising or approving the publication of advertising material by us on your behalf, you warrant that the advertising material complies with all relevant laws and regulations and that its publication will not give rise to any claims or liabilities against us, our partners, our directors, employees or agents.

Without limiting the above, you warrant that the advertising material submitted, authorised or approved by you does not breach or infringe the Trade Practices Act (Cth), the Fair Trading Acts of relevant States of Australia or equivalent or other sale of goods legislation; any copyright, trade mark, obligation of confidentiality or other personal or proprietary rights; any law of defamation, obscenity or contempt of any court, tribunal or royal commission; State or Commonwealth anti-discrimination legislation; the Privacy Act (Cth); or any other law (including but not limited to any common law, statute, delegated legislation, rule and ordinance of the Commonwealth or any State or Territory).

By submitting, authorising or approving advertising material for publication by us, you indemnify us and our partners, our directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly, from the publication of the advertising material.

Without limiting the generality of the above, you indemnify us and our partners, our directors, employees and agents against any costs, expenses, losses, damages, liability and claims suffered or incurred and arising from your breach of these Terms and Conditions and any negligent or unlawful act or omission by you in connection with the advertising.

10. We make no representation or warranty in relation to the number of visitors to our websites or the number of impressions at any site except for any made expressly in writing by us.

Except for any warranty or representation made expressly in writing by us, you acknowledge that you have not relied on any advice given or representation made by us or on our behalf in connection with the advertising.

11. We have no liability to you and you indemnify us in relation to any failure of telecommunications services or systems which affect our receipt of your advertisement or the publication of your advertisement.

12. We exclude all implied conditions and warranties from these Terms and Conditions, except any condition or warranty (such as those implied by the Trade Practices Act) which cannot be excluded ("non-excluded conditions").

We limit our liability for: breach of any non-excluded condition (to the extent that liability for such breach can be limited); and any other error or omission in publishing caused by us; to (at our option) re-supply of the advertising services affected by our breach or payment of the cost of re-supply.

Subject to the above, we exclude all other liability to you for any costs, expenses, losses and damages suffered or incurred by you in connection with these Terms and Conditions and any advertisement published by us, whether that liability arises in contract, tort (including by our negligence) or under statute. Without limitation, we will not, in any circumstance, be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.

13. We may change these Terms and Conditions at any time without notice to you. Those changes will apply to the provision of advertising services after the date the change becomes effective. You and we will be bound by the Terms and Conditions that are current as at the date of your order.

14. These Terms and Conditions, together with your Insertion Order, represent the entire agreement between you and us in relation to the advertising services and cannot be varied except by agreement in writing signed by one of our authorised officers. No purchase order or document issued by you will vary these Terms and Conditions.

We will not be liable for any delay or failure to publish your advertisement that is caused by a factor outside of our reasonable control (including but not limited to any act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).

We may serve a notice or any court document on you by forwarding them by prepaid post or facsimile to your last known address.

These Terms and Conditions are governed by the laws of the State of Victoria. Each party submits to the non-exclusive jurisdiction of the courts of that State.

 

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