Eureka Street User Terms and Conditions
In this document, the word "ES" means Eureka Street Pty Ltd (ABN 63 107 718 703) and any directors, employees, agents and contractors of Eureka Street Pty Ltd. "Data ES means any information, data, documents, pages and images appearing on the Eureka Street website (www.eurekastreet.com.au) or in the Eureka Street ejournal, including information provided by third parties (eg the discussion forum content), advertisements, and links or references to third party material. "You ES" means anyone viewing the website or the ejournal.
1. Your conduct - You promise not to use the website or the ejournal for any purpose that is unlawful or prohibited by this Agreement or any other terms, conditions or notices appearing anywhere on the website. You agree to abide by all applicable laws and regulations.
In particular, you agree not to:
a) use the website to defame, mislead, abuse, harass, stalk, threaten or otherwise offend others;
b) publish, distribute, e-mail, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
c) use any automated scripting tools or software;
d) advertise, engage in or promote any product or service, surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming via the website;
e) publish any material containing financial advice or recommendations regarding securities;
f) impersonate any person or entity;
g) upload, post, e-mail, transmit or otherwise make available using the website any material that you do not have a right to make available under any law or contractual obligation or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of the other computer software, hardware or data;
h) disrupt, modify or interfere with the website or deliver of the ejournal or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the website and ejournal.
You agree to comply with any additional rules or conditions imposed for any particular discussion group or forum. By posting any data to the website, you grant ES a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such data (including information about you which you supply for publication) in any medium (now in existence or hereinafter developed) and for any purpose (including commercial purposes), and to authorize others to do so. You waive any moral rights that you may have in that data. You are responsible for ensuring that any data you post to the website does not violate the copyright, trademark, trade secret, confidentiality, privacy or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights.
ES has no obligation to monitor any user's use of the website, nor to control the content of advertisements, bulletin boards, discussion groups or forums. However, ES retains the right at all times to monitor use, to delete or edit content, and to retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
You indemnify ES from any and all claims and liabilities (including lawyers, fees) which may arise from data you submit, from your unauthorized use of the website or the ejournal, from your breach of this Agreement, or from breach of any other legal obligation by you.
2. Data quality - While the Data on this website has (to the extent it is produced by ES) been prepared in good faith, ES exclude any warranty or representation, whether express or implied:
a) that the Data is accurate, complete, current, reliable, correct, or free from virus, errors or omission;
b) that the Data does not infringe any intellectual property rights, including confidentiality and privacy rights, or other proprietary rights of any person;
c) as to the quality, operability, merchantability, or fitness for a particular purpose of the Data.
Changes in circumstances after the time of publication of the Data may impact upon the accuracy of the Data. Eureka Street may change the Data without notice and is not in any way liable for the accuracy of any information printed or stored by a user.
Your use of the website is at your sole risk. Users of the website are responsible for making their own assessment of the Data and should verify all relevant representations, statements and information with their own professional advisers.
3. Communications by users with ES does not promise that your communications via the Internet, via the website or using functionality offered on the website (including use of the subscription application facility, submissions and emails to ES) will be confidential.
ES has no obligation to review and control the communications of users posted to the website, whether on bulletin boards, discussion groups or forums, or otherwise made available on this website. ES has no liability to users, with respect to any information or materials posted by users, including defamatory, offensive or illicit material.
ES does not endorse, support, sanction, encourage, verify, or agree with users, comments, opinions, advice or statements, and such material is the responsibility of those who post it.
If you contact a third party using functionality provided on this website, including via a discussion forum or via email, ES accept no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.
4. Other third party material Hyperlinks and pointers to websites operated by third parties may appear on this website from time to time. Third party websites are not under the control of ES and ES is not responsible for the content of any such websites. If you click on the link to any such website you leave the Eureka Street website and do so entirely at your own risk.
The Eureka Street website may display third party advertisements, which may or may not contain hyperlinks or referral buttons to websites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by ES of the relevant advertiser, its products or services, or any such linked website.
Without limiting the previous provisions, ES is not responsible for any aspect of the quality or usefulness of:
a) any information included in the Data provided by users or other third parties, including postings to discussion forums and advertisements; nor
b) links or references to information sources (including Internet sites) available other than on pages of the website.
5. Software and functionality Access to the website is provided on an 'as available' basis. ES do not make any representation or warranty that your access to the website will be uninterrupted, timely or secure.
Any search engines made available on this website are provided in good faith to assist users to locate resources more quickly. However, ES are not responsible for the usefulness, accuracy, currency, and completeness of its search facilities, and does not warrant or represent that the search facilities are free from errors or omission.
ES will not be liable for loss resulting from any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software arising from your use of the website.
6. Non advisory information - The website provides general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
7. Exclusion of liability - ES do not exclude any rights and remedies available to you under the Trade Practices Act 1974 (Cth) or any similar State or Territory legislation which cannot be excluded, restricted or modified. Otherwise, ES exclude all conditions and warranties which may be implied by law.
To the extent permitted by law, ES's liability for breach of any implied warranty or condition which cannot be excluded is restricted, at ES's option, to:
a) in the case of services supplied or offered by ES:
(i) the re-supply of those services; or
(ii) the payment of the cost of having those services re-supplied; and
b) in the case of goods supplied or offered by ES:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of having the goods replaced; or
(iv) the payment of the cost of having the goods repaired.
Except as described above, you agree that in no circumstances will ES be liable in contract or tort (including, but not limited to, negligence) or on any other basis to you, any user of the website or the ejournal, or any other person for any loss, injury, damage, cost or expense whether direct or indirect (including, without limitation, loss of profit, earnings or reputation) however arising from or as a consequence of any act or omission by ES or by any person offering or providing services through the website or the provision of the ejournal.
8. Governing Law - You agree that all offers made, contracts concluded and services provided through the website will be deemed to be made and provided in Australia (notwithstanding the location of you or the server on which the website content is located) and will be governed exclusively by Australian law. You agree that the Courts of Australia shall have exclusive jurisdiction to determine any matters involving or alleged to involve ES.
Last revised: 16 January 2007
© Copyright - Eureka Street Pty Ltd 2007.
9. Copyright protection - The material provided on this website is copyright protected. All rights are reserved. No part of this publication may be reproduced by any process, electronic or otherwise, in any material form or transmitted to any other person or stored electronically in any form, without the prior written permission of ES, except as permitted under the Copyright Act 1968 (Cth).
a) Data - In particular, the user of the Data agrees:
⋅ to use the Data for the user,s own personal reference only;
⋅ except for the temporary copy held in the user,s computer's cache and a single permanent copy for the user,s personal reference, not to otherwise use, copy, reproduce, publish, store in a retrieval system, alter or transmit in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of ES.
⋅ not to use any part of the Data to establish, maintain or provide, or assist in establishing, maintaining or providing another publication, Internet site or other means of distribution.
b) Software - The software that operates the website is proprietary software and the user must not copy, reverse engineer or modify it.
10. Trademarks - The Eureka Street logo, and the mastheads on the ejournal are trademarks of ES or its related bodies corporate. Other trade marks may be displayed on the website from time to time. These may belong to third parties. Nothing displayed on the website should be construed as granting any licence of or right to use of any logo, masthead or trade mark displayed on a website, without the express written permission of the relevant owner.
This statement applies to this Web Site, www.onlinecatholics.com.au, which is operated by Eureka Street Pty Ltd(ABN 63 107 718 703) and any directors, employees, agents and contractors of Eureka Street Pty Ltd ("Eureka Street") (Eureka Street) and its related bodies corporate are referred to in this statement as the "Group", "us" or "we").
We understand and appreciate that you may be concerned about your privacy and about the confidentiality and security of information we may gain about you online. The purpose of this Privacy Statement is to tell you what type of information we collect, how we may use that information, whether we disclose it to anyone, and the opportunities you have to access and correct the information we hold. To this end, we are committed to protecting your privacy and to complying with the National Privacy Principles.
Please read this statement to understand how, in the context of this Web Site, your personal information is collected, used, protected and recorded by us. Your use of the Web Site indicates your acceptance to Online Catholics' Subscription Agreement, User Terms and Copyright and this Privacy statement.
We may from time to time change the content or services found on this Web Site without notice as we continue to strive to improve the means of providing you with services you require. Consequently, this statement may change from time to time so please periodically review this statement.
Security of electronic transmissions
Emails from Online Catholics
Use and Disclosure of Information
Access and correction
How to Contact Us
We use "cookies" to enhance functionality, to keep track of your visits, provide personalised features and as part of the identification process for our online services.
A cookie is a small data file that contains information about your visit to a web site. This information is provided by your computer during you first visit to a web server. The server records this information in a text file and stores this file on your hard drive. When you visit the same web site again, the server looks for the cookie and structures itself based on the information provided. A cookie only identifies your computer to a web server when you visit the site, they do not identify users.
If your browser is configured to reject all cookies, you will be unable to use services on this Web Site that requires cookies in order to participate. However, you may still be able to use some information-only pages.
For more information about cookies, visit: http://www.privacy.gov.au/internet/internet_privacy/ Security of electronic transmissions
We take reasonable steps to secure the information transmitted to our on-line services. However, the nature of electronic transmissions is such that there is the possibility that a third party may observe this information whilst it is in transit. You may prefer to provide information by telephone or paper mail or in person. However, once we receive your transmission, we take all reasonable steps to ensure that your information is secure on our systems and those of our agents.
Links to third party web sites on the site are provided solely as a convenience to you. When accessing external links provided on our site, it is recommended that you read the site-owners' privacy statement before disclosing your personal information. We do not accept responsibility for inappropriate use, collection, storage or disclosure of your personal information outside of our site.
Online Catholics does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you do so at your own risk.
Emails from Eureka Street
Eureka Street has found that emails are a quick, effective and low-cost way to communicate with you.
We do not want to send emails to you if you would prefer not to receive them. If you do not wish to receive emails, contact us via our mailing address below or by email on email@example.com or call (03) 94277311. We also have administrative procedures in place to remove email addresses and domains that consistently send failure messages to our email servers.
Use and Disclosure of Information
We will not use or disclose information collected about you (including information collected by cookies) other than for:
# the primary purpose for which the information is collected (that is, providing services to you);
# a purpose which is related to the services we provide to you and which you would reasonably expect us to use the information for (for example, updating our records, contacting you or for statistical purposes);
# a purpose required, authorised or permitted by or under any law; or
# a purpose made known to you and to which you have consented.
Online Catholics will not sell, rent, or lease your personally identifiable information to others. Unless we have your permission or are required by law, we will only share the personal data you provide online with other Online Catholics entities and/or business partners who are acting on our behalf. Such Online Catholics entities and/or business partners are governed by our privacy policies with respect to the use of this data and are bound by the appropriate confidentiality agreements.
Access and correction
# want to have access to the personal information (if any) that we hold about you;
# want to know more about what sort of information we hold, for what purposes and how we deal with that information; or
# have concerns about your privacy rights, please contact us.
How to Contact Us
As the Federal Government introduces new privacy legislation - Eureka Street's privacy policies will be reviewed and updated as appropriate.
More information on privacy legislation is available from the Federal Privacy Commissioner at www.privacy.gov.au
For more information about protecting your privacy on the Internet, visit: www.privacy.gov.au/internet/internet_privacy/