Last updated: 12 November 2013

Terms and Conditions for Purchasers

In these terms and conditions:

• The purchasing entity will be referred to as the Provider

• News Limited will be referred to as News

• Recipients of an invitation from the Provider (in accordance with these terms and conditions) to take up a The Australian Digital Subscription – Group who activate their individual subscription will be referred to as Users

• The pre-paid subscription offer that is being purchased by the Provider, entitled The Australian Digital Subscription – Group, will be referred to as the Purchased Group Subscription

• The subscription that is utilised by the Users, also entitled The Australian Digital Subscription – Group, will be referred to as the Individual Subscriptions

The Provider agrees to buy and News agrees to supply a Purchased Group Subscription that comprises the agreed number of Individual Subscriptions on the terms and conditions set out in this Agreement. The following terms of the Purchased Group Subscription will be as set out in the order confirmation email from News to the Provider:

(a) the number of Individual Subscriptions which are included in the Purchased Group Subscription;

(b) pricing of the Purchased Group Subscription, and;

(c) the duration of the Purchased Group Subscription.

The Purchased Group Subscription operates with the most recent versions of the following browsers; Firefox, Chrome, Safari and Internet Explorer. It is the responsibility of the Provider to ensure that the devices which Users use or intend to use to access the Individual Subscription utilise one of these browsers.

News or its relevant related companies may change any of these terms and conditions from time to time. If this happens, we will notify you that changes have been made by email or otherwise. If you object to changes to any terms or conditions you may cancel your Purchased Group Subscription up to 28 days after changes come into effect and obtain a pro rata refund for unused days without accepting the new terms and conditions. You may call Customer Support on 1300 736 093 or email Customer Support at groups@theaustralian.com.au (who will consider your position acting reasonably) if you have reasonable grounds for not having cancelled within the 28 day time limit and still wish to cancel.

Requirements Regarding Users

Provider agrees that it will only offer the opportunity to become a subscriber to a User under the Purchased Group Subscription to persons who are employees of the Provider. The Provider is responsible for sending invitations to eligible employees for Individual Subscriptions.

Only the persons nominated (in accordance with these terms and conditions) by the Provider for the Individual Subscriptions are entitled to access these subscriptions. If a person is not so nominated, any subscription they activate through this program is invalid and can be terminated at any time without liability of News.

News agrees to provide access to the Users who validly take up the Provider’s offer of an Individual Subscription (up to the maximum agreed number set out in the order confirmation email).

Users are only able to sign up to this offer online. Users must sign up for themselves. Users cannot gift a subscription to another person.

Provider acknowledges and agrees that the Users will be required to agree to the Individual Subscription Terms and Conditions and Privacy Policy which will be presented to each User as part of the process when they activate their digital subscription. Users are also subject to the terms of use of each website or digital application which they access through their subscription.

The Provider agrees to advise Users that Users must not share their Individual Subscription access in or outside of the Provider’s organisation, that Users can only use the content for non-commercial purposes (but his does not prevent the User accessing the content as a research tool within the Provider’s business but doesn’t allow repurposing, rebadging, republishing of that content), that Users will need to activate their Individual Subscription by becoming a subscriber of News and that reproduction or re-purposing of the content of any News Digital Media under any circumstances for commercial gain by Users is not permitted.

The Provider will take all reasonable steps to ensure that Users comply with the terms and conditions of their Individual Subscription and that they will not do or omit to do anything which, if done or omitted to be done by the Provider would constitute a breach by Provider of these terms and conditions.

Individual Subscription Entitlements

An Individual Subscription provides the User with access via a secure login to view all content on the following News Sites and msites:

· The Australian

as well as the following iPad and Android Tablet applications only:

The Australian

The above lists, together referred to as the News Digital Media, may change from time to time, at our discretion. News will endeavour to contact you at least 14 days prior to effecting the removal of any media from these lists.

You acknowledge that some of our content may not be viewable or accessible from outside of Australia.

Payment, Fees and Taxes

Payment must be made in full prior to the commencement of the Purchased Group Subscription.

All prices include GST unless otherwise specified.

No Transfers

Your Group Subscription and/or any Individual Subscription is not transferable except that Provider can transfer an Individual Subscription to Users. Once a User has activated an Individual Subscription, that particular Individual Subscription cannot be transferred and is considered used by News. Each Individual Subscription can only be used by one eligible employee of Provider over the term of the Purchased Group Subscription.

No Refunds

Subject to the law, the fees paid for a Purchased Group Subscription are not refundable, in whole or in part, including without limitation where:

(a) less than the total number of Individual Subscriptions which comprise the Purchased Group Subscription are activated (other than due to the negligence or gross misconduct of News); or

(b) any Individual Subscriptions or the Purchased Group Subscription is cancelled during the Term either by Users or Provider or News (on account of a breach of any of these terms and conditions by Provider or on account of a breach by any User of the terms of use of an Individual Subscription or a particular website or digital media or application accessed through the Individual Subscription).

Term

The Purchased Group Subscription will commence on a date to be agreed between the Provider and News and which will be specified in the Signup Instructions email which we will provide you after payment have been made and processed. The Purchased Group Subscription and each Individual Subscription will end, if not terminated earlier, on the end date of the Purchased Group Subscription to be determined in accordance with the Signup Instructions email.

Neither the Provider nor the User can suspend the Purchased Group Subscription or any Individual Subscription.

Regardless of when an Individual Subscription is activated by a User it will expire (if not terminated earlier) on expiry of the Purchased Group Subscription Term, unless otherwise agreed in writing between us or between News and the User.

To cancel your Purchased Group Subscription or any Individual Subscription prior to the end of your subscription, call Customer Support on 1300 736 093 or email Customer Support at groups@theaustralian.com.au.

News may cancel a User’s Individual Subscription at any time at the Provider’s request. Cancellation requests may take up to 10 business days to effect. The User’s entitlement under the Individual Subscription cannot be taken up by another person for the remainder of the term of the Individual Subscription.

News reserves the right to cancel an Individual Subscription or Purchased Group Subscription without notice or liability for any reason. In these instances and where the termination occurs before the end of the term of the Individual Subscriptions, the Provider is entitled to a pro-rated refund for any unused days/months and will be notified by News of the reasons for the termination.

Cancellation of an Individual Subscription does not affect the User’s news+ Lite Access Registration (unless that is also cancelled).

User Information

For the purpose of managing the Provider’s account for the Purchased Group Subscription, the Provider may, no more than once every 4 weeks, request a list of Users that have taken up the Provider’s offer of an Individual Subscription. When providing this information News will only reveal limited amounts of User personal information such as name and email address.

News will collect personal and other information from Users and will use that information in accordance with its own Privacy Policy including that at any time News may directly contact the User to solicit a personal subscription with News or to contact Users daily to encourage them to use their subscription.

Privacy Collection Statement

We collect information about you, including for example your name and contact details which you provide when registering or using our services as well as information from other sources. We collect and use that information to provide you with our goods and services and to promote and improve our goods and services. We may share your information with our related companies and any of us may be in contact for those purposes (including by email and SMS). We may also use your information as described when we collect information from you. If you do not provide us with requested information we may not be able to provide you with the goods and services you require. We disclose your information to our related companies, service and content providers, including those located outside Australia. Where you have entered a competition, we may disclose your personal information to authorities if you are a prize winner or otherwise as required by law. Further information about how we handle personal information, how you can access your personal information and our contact details can be found on our website under the Privacy Policy link.

You acknowledge that Users will separately, as part of the process to activate an Individual Subscription, be asked to provide us with certain personal information and agree to our privacy policy.

Liability

News does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act 2010 (ACL) which cannot be excluded, restricted or modified. However, News excludes all other rights, remedies, guarantees, conditions and warranties in respect of your Purchased Group Subscription, any Individual Subscription, any news+ registration, any news+ subscription, this Site or any of the News Digital Media whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent possible and subject to News’ liabilities and obligations under the ACL:

1. News and its related entities do not warrant the accuracy of the content on the News Digital Media. The content is provided to the Users “as is” and on an “as available” basis and on the condition that the Users undertake all responsibility for assessing the accuracy of the content and rely on it at their own risk. All content on this Site or any News Digital Media may be changed at the sole discretion of News and its related entities without notice except that if News materially changes the content which the Users access through their news+ registration so that the breadth or nature of the service the Users receive is materially altered, News will take the steps as described in these terms to notify the Users of those changes, where practicable.

2. News and its related entities will have no responsibility or liability in relation to any loss or damage that you or any User incurs, including damage to your software or hardware, arising from the User’s Individual Subscription, any news+ registration, any news+ subscription, any subscription to our digital services or the User’s use of or access to this Site or any News Digital Media.

3. News and its related entities do not warrant that functions contained in this Site or any News Digital Media, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that News or the server that makes it available, are free of viruses or bugs.

4. You indemnify News, its related companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from or in connection with your Purchased Group Subscription and any User’s Individual Subscription, news+ registration, news+ subscription, subscription to our digital services or a User’s use of this Site or any News Digital Media.

Intellectual Property

All intellectual property in relation to content on the News Digital Media belongs to News or its licensors, advertisers or affiliates. Neither you nor the Users obtain any interest in that intellectual property. All content on the News Digital Media is protected by Australian and international copyright and other intellectual property laws. Neither you nor the Users may do anything which interferes with or breaches those laws or the intellectual property rights in the content.

You or the Users may download and view content or print a copy of material on the News Digital Media for personal, non-commercial use provided neither you nor the Users modify the content in any way (including any copyright notice). All rights not expressly granted under these terms of use are reserved by News. Unless expressly stated otherwise, neither you nor the Users are permitted to copy, or republish anything you or the Users find on any News Digital Media without the copyright or trademark owners’ permission.

The logos of the News Sites, the newspaper mastheads on the News Sites and the logos of all our other News Digital Media are trademarks of News or its related bodies corporate. Other trademarks may be displayed on the News Digital Media from time to time. These may belong to third parties. Nothing displayed on the News Digital Media should be construed as granting any licence or right of use of any logo, trademark or masthead displayed on or within those media, without the express written permission of the relevant owner.

For the purpose of accessing and using any News Digital Media, News grants to the Users a non-exclusive, non-transferable personal licence in relation to the software, including the ability to access and view content and other features within our News Digital Media. News does not transfer title to nor grant any interest in software to you or the Users.

Data Security

News strives to ensure the security, integrity and privacy of personally identifiable information of our customers. We use a variety of physical and electronic security measures including restricting physical access to our offices and firewalls and secure databases to keep personal information secure from misuse, loss or unauthorised use or disclosure.

Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.

Group Subscription Terms