AUSTRALIAN TERMS & CONDITIONS as at 26 January 2013
SLICE MEDIA provides the subscriber ("the Subscriber") with information services on the following terms and conditions. By using the information services the Subscriber accepts these terms and conditions. These terms and conditions apply to all agreements for the provision by SLICE MEDIA to the Subscriber of information services to the exclusion of any other terms and conditions, including any standard terms and conditions of purchase of the Subscriber.
1. Information services are provided for the period nominated by the Subscriber. Service will commence after acceptance of the order by SLICE MEDIA.
2. Whilst every effort is made to provide a complete and reliable service, no guarantees are given by SLICE MEDIA that all required products will be selected or sent, and, to the extent permitted by law, no credits or refunds will be given against the fees payable pursuant to this agreement.
3. Tracking coverage is supplied according to the Subscriber's nominated coverage. Slice Media reserves the right to change the Media List at any time without notice to the Subscriber.
4. SLICE MEDIA reserves the right to limit the size of and number of keywords allowed per brief.
5. Services are supplied in accordance with the rates published on the SLICE MEDIA website (www.slicemedia.com).
6. SLICE MEDIA reserves the right to vary the rates at any time by giving not less than 30 days' notice to the Subscriber.
7. Unless otherwise indicated, amounts stated in this agreement do not include GST. In relation to any GST payable for a taxable supply by SLICE MEDIA under this agreement, the Subscriber must pay the GST subject to SLICE MEDIA providing a tax invoice.
8. Flat fees are charged in advance for all services and products.
9. In the case of payment dispute, it is the obligation of the Subscriber to contact SLICE MEDIA and provide SLICE MEDIA all requested supporting documentation for verification and resolution of the dispute.
10. Except as permitted by these terms and conditions, any photocopying or electronic storage or distribution of press clippings may infringe copyright unless consented to by the copyright owner. Subscribers may not reproduce, distribute, display, sell, publish, broadcast or circulate the information to a third party, or remove, conceal or alter any copyright notices in the information.
SLICE MEDIA is part of the iSentia Pty Ltd ACN 002 533 851 group of companies. SLICE MEDIA is licensed by Copyright Agency Limited ACN 001 228 799 to provide the information service in so far as the service consists of Australian press clippings.
11. Subscribers may distribute Australian press clippings internally by email or intranet and retain clips for a period of up to 90 days. Internal distribution is governed by the Downstreaming Terms and Conditions of the Copyright Agency Limited which may be viewed here. SLICE MEDIA will pay the basic (lowest priced) applicable level of Downstream fees only to the Copyright Agency Limited on behalf of the Subscriber for each press clipping. The Subscriber acknowledges that he/she has read, understands and will observe the Downstreaming Terms and Conditions. For further information contact firstname.lastname@example.org.
12. All transcripts and tapes of broadcast material are supplied for the internal research purposes of the Subscriber and must not be reproduced by the Subscriber unless the Subscriber has first obtained written permission from the copyright owner.
13. The Subscriber acknowledges that he/she is aware of the following clauses in the Australian Association of Information Monitors Code of Practice and agrees to their terms:
Clause 2.4: "A report to a subscriber shall contain only that information in which a subscriber has an interest and shall not knowingly include a program presented for entertainment".
Clause 3.1: "the report (tape or transcript) is:
a) For the information of the Subscriber only.
b) Not to be copied or passed on to any third party for financial or other benefit".
Warranties, Limitations and Liabilities
14. To the extent that the terms implied under the Competition and Consumer Act 2010 apply to services or goods supplied by SLICE MEDIA, SLICE MEDIA'S liability for any breach of those terms is limited to, in the case of goods, supplying the goods again or paying the cost of re-supply and, in the case of services, supplying the services again or paying the cost of re-supply.
15. Except for those terms that cannot by law be excluded, all terms other than those expressly contained in this agreement are excluded.
16. SLICE MEDIA'S liability under this agreement is limited to the amount of the fees paid by the Subscriber under this agreement.
17. In no event will SLICE MEDIA be liable to the Subscriber (whether in contract, tort or otherwise) for any consequential, special, incidental or indirect loss or damage, including loss of profit, that may arise under this agreement.
18. SLICE MEDIA is not liable to the Subscriber, or in default of its obligations, for any failure to perform its obligations under this agreement which is caused by strike, lock-out, industrial dispute, war, flood, technical or electronic fault or any other event outside the control of SLICE MEDIA.
19. The subscriber acknowledges that SLICE MEDIA relies on information from third parties and that SLICE MEDIA does not warrant the accuracy or currency of such information.
20. In the case of email attachments, SLICE MEDIA accepts no responsibility for any computer viruses that they may contain. Whilst it is SLICE MEDIA'S policy to carry out virus checks, this does not warrant that email transmissions are free from infection by viruses or anything else that has contaminating or destructive properties.
21. The Subscriber indemnifies SLICE MEDIA against all damages, losses, costs and expenses incurred by SLICE MEDIA arising out of the use by the Subscriber of the information services.
22. This agreement is governed by New South Wales (Australia) law and subject to the non-exclusive jurisdiction of New South Wales courts.
23. No oral or written representation, inducement or promise made by, or on behalf of, either party and not contained in this agreement will be relied upon or binding upon the parties.
24. Each party must ensure that it complies with the provisions of the Australian Privacy Act 1998 concerning the processing of personal data.
25. SLICE MEDIA collects personal information from the Subscriber to enable it to supply services to the Subscriber. SLICE MEDIA may use the personal information to contact the Subscriber and to provide it with information about SLICE MEDIA and its products and services. SLICE MEDIA is obliged to provide certain information to copyright collecting societies in relation to services purchased by the Subscriber.
26. SLICE MEDIA may disclose the Subscriber's personal information to a third party for credit assessment or any other purpose necessary to carry out the terms of this agreement. If the Subscriber would like to access or correct the personal information that SLICE MEDIA holds about the Subscriber, email email@example.com