Website terms and conditions of use

About the Website

  • Welcome to https://neweconomy.media/ (‘Website‘). The Website is an online publication, including written content, photographs and images.
  • The Website is owned and operated by New Economy Media Pty Ltd trading as New Economy News (A.C.N 634 860 996) (‘New Economy News’). Access to and use of the Website is provided by New Economy News. Please read these terms and conditions (‘Terms‘) carefully. By using, browsing and/or reading the Website, irrespective of how you access the Website, signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, and any of Services, immediately.
  • New Economy News reserves the right to review and change any of the Terms by updating this page at its sole discretion. When New Economy News updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by New Economy News in the user interface.

You must not use the Website for any purpose or in any way which is unlawful.

Copyright and Intellectual Property

  • The Website, the content and all of the related products of New Economy News are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by New Economy News or its contributors.
  • All trademarks, service marks and trade names are owned, registered and/or licensed by New Economy News, who grants to you a worldwide, non-exclusive, royalty-free, revocable licence whilst you are a Member to:
    • use the Website pursuant to the Terms;
    • copy and store the Website and the material contained in the Website in your device’s cache memory; and
    • print pages from the Website for your own personal and non-commercial use.
  • New Economy News does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by New Economy News.
  • New Economy News retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:
    • business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
    • a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
    • a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
    to you.
  • You may not, without the prior written permission of New Economy News 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 or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

Privacy

New Economy News takes your privacy seriously and any information provided through your use of the Website and/or content are subject to New Economy News’s Privacy Policy, which is available on the Website.

Third Party Content & Links

The Website may include third party content which is subject to that third party’s terms and conditions of use. Nothing on the Website should be construed as granting any licence or right for you to use that content.

The Website may include links to third party sites which are not related to New Economy News and in relation to which New Economy News has no control or interest. The appearance of those links on the Website does not indicate any relationship between New Economy News and that third party or any endorsement by New Economy News of that third party, its site or the products or services which it is advertising.

Contributing Content

When you submit content to New Economy News in any format, including any text, photographs, graphics, video or audio, you grant News a non-exclusive, royalty-free, perpetual licence to publish, transmit or otherwise use that content in our published materials, now and in the future and to attribute you, if possible, using the details you have provided to us, as the author/provider of that content.

New Economy News reserves the right not to use the content you submit.

You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory, discriminatory, inflammatory and that it does not infringe any law.

You indemnify New Economy News against any and all legal fees, damages and other expenses that may be incurred by New Economy News and its employees, directors and agents as a result of a breach of the above warranty.

You waive any moral rights in your contribution for the purposes of its submission to and use by News in accordance with these terms.

No Advice

Content included and published on the Website is prepared as general information only.  It is not advice and should not be substituted for personal, professional or other advice, which takes into account your individual health, financial or other circumstances.

General Disclaimer

  • Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
  • Subject to this clause 5, and to the extent permitted by law:
    • all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
    • New Economy News will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
  • Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you “as is” and “as available” without warranty or condition of any kind. It is provided to you on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. None of the affiliates, directors, officers, employees, agents, contributors and licensors of New Economy News make any express or implied representation or warranty about the content or any products or content (including the products or content of New Economy News) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
    • failure of performance, function, 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;
    • the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);
    • costs incurred as a result of you using the Website, the content or any of the products of New Economy News; and
    • the content or operation in respect to links which are provided for your convenience.

Limitation of liability

  • New Economy News’s total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.
  • You expressly understand and agree that New Economy News, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
  • You acknowledge and agree that New Economy News holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the Website.

Termination of Contract

  • If you want to terminate the Terms, you may do so by providing New Economy News with 14 days’ notice of your intention to terminate by sending notice of your intention to terminate to New Economy News via the ‘Contact Us’ link on our homepage.
  • New Economy News may at any time, terminate the Terms with you if:
    • you have breached any provision of the Terms or intend to breach any provision;
    • New Economy News is required to do so by law;
    • New Economy News is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
    • the provision of the Services to you by New Economy News, is in the opinion of New Economy News, no longer commercially viable.
  • Subject to local applicable laws, New Economy News reserves the right to alter, discontinue, suspend or cancel the Website or your access at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts New Economy News’s name or reputation or violates the rights of those of another party.
  • In some circumstances the Website may allow you to access and download certain content onto your device(s).  Some of that content may not be available at all times in the future for subsequent download and New Economy News will have no liability to you in such circumstances, subject to these Terms.
  • When the Terms come to an end, all of the legal rights, obligations and liabilities that you and New Economy News have benefitted from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

Indemnity

  • You agree to indemnify New Economy News, 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, suffered or arising out of or in connection with your content;
    • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
    • any breach of the Terms.

Dispute Resolution for paid Subscriptions only

  • Compulsory:
    If you are a paid subscriber to the Website (‘Subscriber’) and a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
  • Notice:
    A Subscriber claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
  • Resolution for Subscribers
    On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:
    • Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
    • If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must agree upon selection of a mediator or request that an appropriate mediator be appointed by New Economy News;
    • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
    • The mediation will be held in Sydney, Australia.
  • Confidential
    All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
  • Termination of Mediation:
    If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

Venue and Jurisdiction

The Services offered by New Economy News is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.