Terms
The information in this document is presented by The Footnotes for the purpose of sharing information. While The Footnotes has made every effort to ensure that the material in this document is accurate and up-to-date, you should exercise your own independent skill and judgement before you rely on it. This article is not a substitute for independent professional advice and readers should obtain any appropriate professional advice relevant to their particular circumstances. The content may incorporate or summarise views, standards or recommendations of third parties.
Questions or Complaints
If at any time you have any complaints or questions about the The Footnotes Platform or your User account, you can contact us at hello@thefootnotes.com.au.
Please help us to understand your complaint:
- Tell us which content you are complaining about ‐ for example, the name of article, podcast, video or product; or the webpage address (URL), and the date and time it was published.
- Clearly outline the nature of your concerns ‐ if you are alleging a breach of the The Footnotes Terms and Conditions, tell us which standards you believe have been breached and your reasons for coming to this view.
You may choose to remain anonymous. Please note that whilst an anonymous complaint may be submitted, The Footnotes does not respond to anonymous correspondence. To receive a response to your email please fill in your full name and a valid email address. All emails, including anonymous emails, are noted for the relevant area.
The Footnotes applies a common-sense approach which takes action when warranted, engages where there is value in doing so, and notes criticisms of our performance when there is nothing more of substance we can offer. In some cases, proportionate handling will mean you receive no more than an automated acknowledgement that your message has been received.
DEFINITIONS
Agreement means this document which set out the rights and obligations of You and TheFootnotes as varied from time to time.
The Footnotes Platform means The Footnotes responsive website www.thefootnotes.com.au, and display of advertising and The Footnotes content on the The Footnotes inventory.
The Footnotes/Us/We means TheFootnotes Pty Ltd and its related bodies corporate.
Personal Information has the same meaning as provided under section 6 of the Privacy Act 1988 (Cth)
Sponsor means a third party that The Footnotes collaborates with in response to operating and promoting The Footnotes platform.
Submitted Content means anything which you submit, whether written, photographic or otherwise, as a User or through The Footnotes Platform.
User/You/Your means a person that completes the User Registration Form on the The Footnotes Platform.
User Registration Form means the form you are required to complete and submit on the The Footnotes Platform in order to become a User.
TERMS
Your access to the The Footnotes Platform is conditional upon your acceptance of and compliance with all terms, conditions, notices and disclaimers contained in this Agreement and anywhere else on The Footnotes Platform. You are required to acknowledge your acceptance of this Agreement in order to become a User and access exclusive content on the The Footnotes Platform. We may immediately suspend access and/or terminate an account of any User believed to be in breach of this Agreement.
We reserve the right to change the terms of this Agreement at any time, and you should check the Agreement from time to time for that reason. We will provide notification via the The Footnotes Platform and by email of any substantial changes to this Agreement. If we amend this Agreement and you do not notify us to the contrary, your continued use of the The Footnotes Platform will constitute your acceptance of the amended Agreement terms.
Access
By becoming a User you will gain access to exclusive content on the The Footnotes Platform. We will use reasonable endeavours to ensure your access is uninterrupted and error free, however we cannot provide any guarantees that all information will be accessible at all times or on all devices. You are responsible for the costs of establishing and maintaining an internet connection to access The Footnotes Platform and any associated ancillary costs.
User Obligations
As a User, you are part of a community of people using the The Footnotes Platform. We require that all Users comply with certain standards of behaviour when using the The Footnotes Platform, uploading or downloading content or otherwise acting in your capacity as a User or related to The Footnotes Platform. The standards required of Users are set out below.
- The Footnotes Platform is only available for your personal use and is not to be used for any business or commercial purpose. You will not use the The Footnotes Platform for the purpose of advertising, promoting or soliciting any goods or services, or otherwise engaging in trade or commerce.
- You must respect all Users and contributors to The Footnotes Platform and not make any remarks which are illegal, defamatory or likely to offend other Users or infringe upon any third party’s rights. We may immediately remove any content submitted by any User at any time.
- You are solely responsible for your engagement and contributions to The Footnotes Platform. You must not knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or anything else which may compromise security of The Footnotes Platform or be harmful to other Users or The Footnotes Platform.
- Any Submitted Content must be your own original work and not breach any other person’s rights. You warrant that you own all intellectual property in the Submitted Content and you authorise TheFootnotes Pty Ltd and the Sponsor to use the Submitted Content on The Footnotes Platform and for direct marketing purposes.
- As a User you may be given the opportunity to participate in promotions or competitions hosted by The Footnotes or the Sponsor from time to time. These competitions will be subject to individual terms and conditions which you must accept before participating. Where a competition is run by the Sponsor or another third party, The Footnotes is in no way responsible for the competition and you will be subject to any separate terms and conditions provided for the promotion.
- You should advise us of any changes to the information submitted in your User Registration Form. We will do our best to update these details once notified.
- Users must not post personal information on public or accessible parts of the The Footnotes Platform such as your telephone number, addresses or other information that could be used to identify you. If you choose to do so it will be entirely at your own risk. You will be identified by your User ID when contributing to The Footnotes Platform and The Footnotes will retain all other Personal Information you provide in confidence in accordance with this Agreement.
The Footnotes’ Obligations
The Footnotes will provide the The Footnotes Platform and exclusive User content to you. The Footnotes will facilitate an online community through the The Footnotes Platform by providing content, enabling Users to contribute to the The Footnotes Platform and offering special offers and competitions. In undertaking its role The Footnotes will endeavour to:
- Ensure all information on The Footnotes Platform provided by The Footnotes is up to date to the best of its knowledge. However, The Footnotes will not be liable for any incorrect or incomplete information displayed on The Footnotes Platform or for any comments or information posted by Users or other third parties.
- Provide a mix of content across different categories and of both local and national relevance.
- Store and use any information (including Personal Information) which you provide as a User in compliance with the law and the terms of this Agreement.
- Advise you of any changes to this Agreement.
The Footnotes may remove, vary or edit, delete, reject or remove any content or article which is posted by Users or third parties. The views which are expressed on The Footnotes Platform are not The Footnotes’ views and The Footnotes accepts no liability in respect of any material posted and is not responsible for its content and accuracy.
Your Personal Information
As part of the User Application Form you may be required to provide certain information about yourself including your name, date of birth, contact details and other similar information. Where we gather any Personal Information it will be handled in accordance with Australian privacy laws and the provisions of this Agreement.
You will be provided with a password for your User account which you can change from time to time. You must keep this password secure and not allow others to access your account. You must notify us immediately of any authorised use of your account.
We may use your Personal Information, including your contact details, to provide you with information about the The Footnotes Platform or direct marketing material. We may also provide your Personal Information to our exclusive Sponsor for the purposes of providing marketing material to you. The Footnotes and the Sponsor will not sell or provide your Personal Information to any third party without your consent.
If at any time you want to know what information The Footnotes or the Sponsor hold about you or if you have any questions or concerns regarding your Personal Information, then you can contact us at the following address to request this information: hello@thefootnotes.com.au
If we or the Sponsor use your Personal Information for direct marketing purposes, we will give you the opportunity to opt out of receiving any further marketing material through an unsubscribe function in our emails or SMS. If you wish to opt out of receiving any further marketing material at any time, you can also do so by or sending a request to the above address.
If we have contracted any of our obligations under this Agreement or other tasks related to the The Footnotes Platform to a third party, we may need to disclose your Personal Information to that third party to ensure that you get the service needed. In these circumstances, we will require the third party to protect the privacy of the information that is disclosed to it. There may also be circumstances where the law requires us to disclose the information or where disclosure is required to prevent a risk of health or safety or for law enforcement purposes.
We may monitor usage, perform statistical analysis of User activity and characteristics in order to measure interest in and use of the various areas on the The Footnotes Platform and to inform ourselves and others of such information. You acknowledge that non-personal information and data may be automatically collected through the standard operation of The Footnotes’ internet servers or through the use of cookies. If you do not want information collected through the use of cookies, you should use your browser’s cookie disabling feature. You should note, however, that if cookies are disabled certain features may not be available. The use of cookies on The Footnotes Platform enables us to deliver and maintain customised options when you make return visits to the site.
We will take steps to ensure that any personally identifiable information we collect, use or disclose is accurate, complete and up-to-date and we will takes steps to protect it from misuse and loss and from unauthorised access, modification or disclosure. If you inform us that the information we hold is incorrect we will, if appropriate, amend those records.
Terminating a User Account
You may terminate your User account at any time by providing us with notice in writing. We may terminate your User account at any time including if you breach any terms of the Agreement or if we decide to cease operating the The Footnotes Platform or offering User accounts. We will provide notice to you in writing using the contact information provided in your User Registration Form in the event of a termination.
In the event the account is terminated we will remove all account information from our direct marketing system within 30 days of receiving a request. You will not be entitled to any credit or payment for any points acquired as part of your account.
Social Media
As part of the The Footnotes Platform you may elect to connect with us through various social media channels such Facebook, Tumblr, Twitter, Instagram, Vimeo and LinkedIn. In order to connect you will be required to set up your own account with the relevant social media site and you will be subject to terms and conditions prescribed by the operators of such sites. The Footnotes is in no way associated with or endorsed by any social media channels and is not responsible for any content posted by Users or other third parties through such sites.
The Footnotes’ Content
Except where expressly stated otherwise we make no representations about the content and suitability for any purpose of the information contained on the The Footnotes Platform. It is provided “as is” without express or implied warranty of any kind. All content, including opinions, offers, statements and advice, made available through the The Footnotes Platform are those of their respective contributors and not of The Footnotes, and should not necessarily be relied upon. The Footnotes disclaims (to the full extent allowable by law), all warranties with regard to this information, including any advertisements, including all implied warranties as to merchantability or fitness for use. We shall not be liable for any damages whatsoever including any special, indirect or consequential damages resulting from loss of use, data or profits, whether in an action in contract, negligence or other tort, arising out of or in connection with access to the The Footnotes Platform or the use or performance of information contained in it.