User Agreement
August 3, 2010
Contents
Corrections
The Mayne Report aims to work within the law. Our policy is to immediately remove any inaccurate or defamatory material brought to our attention and publicly acknowledge and correct all our mistakes. If you believe you've been defamed by anything on The Mayne Report, email stephen@maynereport.com.
Terms of Use
The Mayne Report is owned by Mayne Report Pty. Ltd. (ABN 15127321297). Access to and use of the website www.maynereport.com and any associated email newsletter, video, videoblog or podcast, is provided by Mayne Report Pty. Ltd. called in this document “the Mayne Report”, 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 Mayne Report reserves the right to review and modify any of the Terms of Use at any time. This page should be reviewed periodically so that you are updated on any changes. The Mayne Report welcomes your comments and feedback.
Subscriber Services
The Mayne Report offers Mayne Report subscribers free 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.
General disclaimers
Use of the email and the website is at your risk. None of the Mayne Report's 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 Mayne Report's 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 Mayne Report 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 Mayne Report of its Privacy Policy (other than a wilful breach).
Continued site availability and access
The Mayne Report does not warrant that it 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.
Limitation of liability (if any)
The Mayne Report's 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 Mayne Report, its 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 the email, videos, videoblogs and podcasts and the website is protected by copyright under the laws of Australia and, through international treaties, other countries. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the email and the website (including text, graphics, logos, button icons, video images, audio clips and software) are owned or controlled for these purposes, and are reserved, by the Mayne Report or its contributors.
You may not, without the prior written permission of the Mayne Report and the permission of any other relevant rights owners, broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content of, or create a derivative work from, the email or the website for any purpose. This prohibition does not extend to materials on this site which are freely available for re-use or are in the public domain.
Trade Mark
No Mayne Report trade mark or logo (whether registered or otherwise) may be used without the prior, specific, written permission of the Mayne Report.
Links to Mayne Report
You are welcome to create links from your website to the Mayne Report website. However, you must not use Mayne Report trade marks or logos for this purpose unless you have the permission of the Mayne Report.
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
Mayne Report Pty. Ltd. (ABN 15127321297) is the owner of www.maynereport.com and its associated email newsletter, video, videoblog or podcast ("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.
- 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.
- 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.
- 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.
- 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.
- 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.
- · 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.
- 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.
- 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.
- 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.
- · 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.
- 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.
- 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.
- 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.
- 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.
Privacy
Privacy Policy Purpose
The purpose of this Privacy Policy is to advise subscribers, customers, staff members and those applying for positions with Mayne Report what kind of information the organisation may collect, how that information may be used, to whom it may be disclosed, how that information is stored (including security of the information), the processes for correcting information held and the disposal of such information by Mayne Report.
Use and Disclosure of Personal Information
Mayne Report will use personal information provided to it only for the purpose for which it was provided. Personal information will not be used for any other purpose without the consent of its provider unless Mayne Report is required by law to disclose that information. Mayne Report may be required to disclose personal information to third parties in order to provide a service requested. For example, subscription services such as gift packs may require disclosure of subscribers' addresses to third parties for delivery, disclosure necessary to fulfil the purpose for which the personal information was provided. Other than in circumstances such as these, Mayne Report will not disclose personal information provided, such as name, address, email address or telephone number, to any organisation or person outside Mayne Report unless the provider has authorised Mayne Report to do so.
No Sale of Personal Information
Mayne Report will not sell or receive payment for licensing or disclosing personal information. From time to time Mayne Report readers may be invited to respond to surveys which may be conducted by a third-party organisation, in such cases no personal information will be disclosed by Mayne Report to the survey company.
Access and Correction
Mayne Report will provide, where possible, access for providers of personal information to their file. Providers may correct any information that is incorrect and instruct Mayne Report to delete the information from its files. Those who have reason to believe information held is inaccurate should inform Mayne Report by contacting:
The Office Manager
Mayne Report Pty Ltd
PO Box 925, Templestowe 3106
Reasonable steps will be taken to correct the information so that it is accurate, complete and up to date.
Security
Mayne Report uses reasonable administrative, technical, personnel, and physical measures to safeguard personally identifiable information in its possession against loss, theft, and unauthorised use, disclosure or modification. No data transmission over the internet can be guaranteed to be totally secure. Remember to close your browser when you have finished a user session. This is to ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place like a library or Internet café. You as an individual are responsible for the security of and access to your own computer.
Complaints About Privacy
Queries regarding privacy complaints and disputes should be addressed to:
The Office Manager
Mayne Report Pty Ltd
PO Box 925, Templestowe 3106
Mayne Report will investigate all complaints.
Changes to this Privacy Policy
Mayne Report is continually monitoring privacy developments and accordingly, from time to time may modify this Privacy Policy to reflect changes in the law, self-regulatory initiatives and/or technology. Amendments to the Mayne Report Privacy Policy will be posted on www.maynereport.com
Comments Policy (not currently applicable)
Mayne Report pre-moderates comments. We never censor comments based on political or ideological point of view. We only delete those comments that include the following transgressions:
- are abusive, off-topic, use excessive foul language
- include ad hominem attacks including comments that celebrate the death or illness of any person, public figure or otherwise
- contain racist, sexist, homophobic and other slurs
- are solicitations and/or advertising for personal blogs and website
- are posted with the explicit intention of provoking other commenters or the staff at Mayne Report.
Q: I posted a comment. Why can't I see it on the site?
A: There are two scenarios for which your comment may not appear:
- It may be pending approval. Comments on the blog are moderated before they appear on the site, and this takes time. There is often a delay between a comment being posted and it being approved. We appreciate your patience and ask that you refrain from posting the same comment repeatedly.
- Your comment violated the policy above. We pride ourselves in providing a medium for engaging and thought-provoking stories and encourage our users to speak their minds freely, provided comments fall within our commenting policy. We must respect our writers and protect them from vicious and inflammatory comments. They too are entitled to free speech- the right to share their opinions without being subject to scathing and mean-spirited remarks.
Q: Why am I blocked from commenting on Mayne Report?
A: There are a few scenarios in which a comment might be blocked:
- A comment is extremely abusive, off-topic, uses excessive foul language, or includes an ad hominem attack
- If a commenter has previously posted comments that are abusive, off-topic, used excessive foul language, or include ad hominem attacks, a Mayne Report moderator may decide to ban the commenter's IP address. This means the abusive commenter is banned from commenting on the site in the future, even if the later comments are not abusive. We may ban IPs because it may be too time consuming to individually delete comments written by someone with a pattern of abuse.
Q: Can I include HTML in my comments?
A: We remove all html from comments to preserve formatting consistency.
Q: If you don't allow any HTML, how can I include a link in my comment?
A: If you include a URL in your comment, it will be converted to a link. Please note, comments containing links to personal blogs and other inappropriate sites will be deleted. only links to relevant news stories or sites are acceptable.
Do you have another question that was not answered here?
You can email us at stephen@maynereport.com. Please remember there is a real person reading and answering your emails. We want to hear from you but if your email is rude, mean and/or inflammatory, it won't be answered.
Copyright © 2011 The Mayne Report. All rights reserved
