These terms and conditions set out below ("Terms and Conditions") shall apply to Your use of the website located at www.a-pac.tv ("A-PAC Site"). By using the A-PAC Site You agree to be bound by these Terms and Conditions. If You do not wish to be bound by these Terms and Conditions, You may not use the A-PAC Site. We welcome your comments on any of the policies or rules set out below.
"You/Your" means You, the user, "We/Us" means Australian News Channel Pty Limited.
"Users" means the users of the A-PAC Site collectively and/or individually as the context admits.
"Website" means a site on the World Wide Web.
2. Acceptable Use
We insist that any use by You of the A-PAC Site shall be in accordance with the following conditions:
2.1 You must not post or transmit through the A-PAC Site any defamatory, threatening, obscene, harmful or pornographic material or material which would violate or infringe in any way upon the rights of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience or which do not comply with all relevant laws.
2.2 You must not express opinions that are vulgar, crude, sexist, racist or otherwise offensive.
2.3 You must not use the A-PAC Site for any purpose which is unlawful or which violates any rights under these Terms and Conditions. You must not post or transmit anything which would constitute or encourage a criminal offence, give rise to a civil liability or violate any applicable law.
2.4 You must not post or transmit any material of any kind which contains a virus or other harmful component.
2.5 You must not post, transmit or in any way exploit any material of any kind for commercial purposes or any material which contains any promotional material or advertising.
2.6 You must always treat other users with respect.
2.7 You must not post or otherwise make available on the A-PAC Site any material which You do not own without the express permission of the owner of the material.
2.8 You must not copy, download, reproduce, republish, broadcast, transmit in any manner whatsoever, any material on the A-PAC Site except as is strictly necessary for Your own personal non-commercial home use.
3. Third Party Websites
3.1 You acknowledge and agree that We are not responsible for the availability of any third party Websites or material You access through the A-PAC Site (which for the avoidance of doubt includes advertising), and We do not endorse and are not responsible or liable for any content, advertising, products or services on or available from such Websites or material, nor for any damage, loss or offence caused, or alleged to be caused, by or in connection with use of or reliance on any content, advertising, products or services available on or available from such Websites or material. These links to third party Websites are provided to you as a convenience only. You link to any such Website entirely at your own risk.
3.2 Any dealings between You and any advertisers or merchants found on or via the A-PAC Site, including payment for and delivery of products, services and any other terms, conditions, warranties or representations, associated with such dealings, are solely between You and the relevant advertiser or merchant. You agree not to hold Us liable for any loss or damage of any kind incurred as the result of any such dealings.
4. Intellectual Property
4.1 All copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the A-PAC Site shall remain at all times vested in Us or Our licensors. You are permitted to use this material or content only as expressly authorised in writing by Us or Our licensors and must not and agree not to assist or facilitate any third party to copy, reproduce, transmit, distribute, commercially exploit or create derivative works of such material or content.
4.2 If You become aware of any such distribution or commercial exploitation, You agree to notify Us immediately.
4.3 You acknowledge that by posting materials on the A-PAC Site You grant to Us and Our licensors and assigns an irrevocable, perpetual, royalty free, irrevocable, unrestricted worldwide licence to use the materials within the A-PAC Site and in any other manner. The licence extends to copying, distributing, broadcasting, and otherwise transmitting, sublicensing and adapting and editing the materials. The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of Us and any other party authorised by us all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of Us, you will execute and deliver to Us such instruments and take such othe action as may be required to carry out this grant of licence and waiver.
5. Sky's Rights
5.1 Material which is posted on any bulletin boards or chat forums is written by Users and We are not responsible for and give no endorsement of such material. You expressly acknowledge and agree that we do not exert control over users of the A-PAC Site and we are not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct. We reserve the right (although we have no obligation to do so) to monitor the contributions and may respond to or comment upon communications by You and edit, refuse to post or remove any content from the bulletin boards and chat forums in our absolute discretion. No failure to remove particular material constitutes an endorsement or acceptance of it by us. We reserve the right to co-operate fully with law enforcement agencies in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting materials which violate any applicable or relevant laws.
5.2 To the extent permitted by law, We make no warranties, express or implied, as to the content of the A-PAC Site or the accuracy, timing or reliability of any information or statements contained therein, or statements, advice and opinions given by Users on the bulletin boards and chat forums which are those of such Users only. We neither endorse nor shall be held responsible for the reliability or accuracy of the same and We are not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided on the A-PAC Site. If You have any claim arising from the actions or statements of another User, You agree to pursue such a claim only against that User and not from Us.
5.3 We will endeavour to provide the A-PAC Site using all reasonable care. To the extent permitted by law, We exclude all implied warranties as to quality, accuracy or fitness and We do not warrant that the material contained in the A-PAC Site, any of the functions contained in the A-PAC Site and the server will operate without interruption or delay or will be error free, free of viruses or bugs or is compatible with any other software or material.
5.4 We reserve the right, at any time, to modify, alter, or update these Terms and Conditions of use, and You agree to be bound by any such modifications, alterations or updates which are posted on the A-PAC Site. Since you are bound by these Terms and Conditions, you should periodically refer to this document.
5.5 We shall not be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with Your use of the A-PAC Site, whether direct or indirect, including, damage to software or hardware, damage for loss of business, loss of profits, or any other consequential loss. Nothing in these terms or conditions shall exclude or limit Our liability for death or personal injury resulting from the negligence of Us, our servants, agents or employees. To the fullest extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is limited at our option to the following:
5.5.1 in the case of services supplied or offered by us, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and
5.5.2 in the case of goods supplied or offered by us, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.
You agree to indemnify Us, and/or any of Our affiliates and Our and their officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by You or any other liabilities arising out of Your use of the A-PAC Site.
We shall have the right immediately to terminate Your use of the A-PAC Site if We determine in Our sole discretion that You have breached these terms and conditions or otherwise been engaged in conduct which We determine in Our sole discretion to be unacceptable.
Should You wish to make any comments to Us about the A-PAC Site or if you have any questions relating to the same please contact Us using the Your Say page
9.1 If any part of these Terms and Conditions are determined to be invalid or otherwise unenforceable by reason of the application of any law, such provisions shall be severed and deleted from these Terms and Conditions and the remainder shall continue to have full force and effect.
9.2 These Terms and Conditions will be governed by and construed in accordance with the laws of New South Wales, Australia and You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.
9.3 All rights not expressly granted herein are reserved by Us.