Terms of Use

Updated: May 2024

The Broadsheet website hosted at broadsheet.com.au and related subdomains and application(s) (together, the Platform) is provided to you by Broadsheet Media Pty Ltd (ACN 131 593 201) and its related entities (Broadsheet, we, us, our). Your use of the Platform is governed by the policies, terms and conditions set out below (Terms), so please read them carefully.

These Terms, together with any other policy in relation to the supply or return of goods that is made available on the Platform from time to time, form the whole of the agreement between you and Broadsheet in respect of your use of the Platform and any purchase of goods from or facilitated by Broadsheet (Goods), and made through the Platform.

Your use of the Platform indicates your acceptance of these Terms and any other applicable policy that we provide to you from time to time. To the extent of any inconsistency between these Terms and a separate policy in relation to the supply or return of goods that is published on the Platform, this policy will apply unless expressly stated to the contrary. These Terms supersede and replace any subsequent terms or conditions provided by you or on your behalf to us in connection with an order for Goods you make through the Platform (Order), whether or not such terms or conditions are signed by Broadsheet.

Broadsheet reserves the right to make changes to the Platform and these Terms at any time. By ordering or registering on the Platform, you grant us the right to add your contact details to our database and use them to contact you regarding your Order, shipping, and other products or promotions, as outlined in our Privacy Policy.

A. YOUR USE OF THE PLATFORM

1. USE

The Platform is for your personal use unless otherwise approved by Broadsheet. You are free to simply browse the Platform to learn more about us and what we do. By using and/or visiting the Platform, you warrant to Broadsheet that you are either eighteen (18) years or older, or if you are aged under 18, that you have the consent of a parent or guardian to use and/or visit the Platform.

Whether or not you register for an account, you must not (without our express written permission):

restrict or stop other users from using or enjoying the Platform;
reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of the Platform;
access data or any part of the Platform that is not intended for you or which you are not authorised to access, or attempt to obtain goods or services to which you are not entitled;
modify, copy, distribute, transmit, display, perform, reproduce, publish or license any material on the Platform;
use or attempt to use any material published on the Platform to create any other website or publication;
transfer or sell any information, functionality, or products or services made available on or through the Platform, or represent that you are entitled to do so;
pretend that you are or represent someone else;
probe, scan, or test the Platform or any related system or network for the purpose of breaching security or authentication measures or interrupting access or functionality;
track or monitor any content, user, or website functionality;
impose an unreasonable load on our systems or networks;
post, upload or transmit a User Comment (as defined below) or any other content or material to the Platform or to us, or otherwise use the Platform in any way that is misleading, dishonest, fraudulent or unlawful or is otherwise threatening, harassing, violent, abusive, defamatory, invasive of privacy, vulgar, offensive, obscene, profane or objectionable; or
post or upload a User Comment containing advertising or any other commercial content without our express prior approval.

Broadsheet may from time to time provide functionality by which you may post or upload a comment on an article, content or other post, or a review of any Goods or other third party goods or services, either directly via the Platform or through Broadsheet’s social media pages (a User Comment). A User Comment must comply with Broadsheet’s Social Media Guidelines found here and/or policies with respect to the contents of a review or post, as may be published and applicable from time to time. Despite any such policy, where a User Comment is made in respect of a review of Goods, it must be honest and accurately reflect your experience in using the Goods.

You acknowledge that we do not pre-verify or review the content of any User Comment before it is posted. We do however reserve the right to amend or remove a User Comment in our sole discretion and without notice to you, at our discretion. If we believe that you have not complied with these Terms or any other agreement with Broadsheet at any time and the non-compliance is sufficiently serious, we may immediately cancel any Order, terminate or suspend your access to the Platform, or restrict your use of the Platform, in any manner that is reasonable to protect our business, and you agree that we may do so without prior notice to you and without liability to you or anyone else.

2. ACCOUNT MANAGEMENT

To use certain aspects of the Platform, you may first be required to create an account. You are responsible for your use of the Platform, and you must not give your account details to anyone else. If someone else accesses the Platform using your account details, then you we will be assumed to have provided that access and so will be responsible for use of the Platform by that person. If you believe your account has been or may be accessed by an unauthorised user, it is your responsibility to immediately update your account details and to notify us immediately of any potential security breach or fraudulent activity. We will not be liable for any loss you suffer or we suffer, as a result of unauthorised use of your account, and you shall be fully responsible in such circumstances.

You may also access certain areas of the Platform by logging in using a third-party platform (such as Facebook or Google) or by using your email. If you choose to log in via a third-party platform, you confirm that you are the owner of the account. Broadsheet may collect certain personal information via your account (such as your email address, your public profile information (including your profile picture), your location, date of birth and any places that you’ve liked or checked in to, and any other information that you consent from time to time to provide to us, as available through the relevant platform, and as detailed in our Privacy Policy.

3. SUBSCRIPTIONS

You may be required to subscribe to access certain aspects of the Platform, or certain offers, benefits and/or functionality. Subscription packages are available for purchase via the Platform. You must create an account to access a subscription package. In consideration for the payment of any applicable subscription fees, Broadsheet grants you a non-exclusive, non-transferable, revocable licence (Subscription) to use the Platform subject to these Terms within the period of, and on the basis of the inclusions in, the Subscription agreed between you and Broadsheet (Subscription Period). You may not sublicense, deliver, transfer or assign your Subscription to any other person.

The Subscription Period may differ depending on the product or service in question, at Broadsheet’s discretion, and may be:

(a) an ongoing or continuously renewing period in which fees may be applicable only to specific transactions made by you within that period (Ongoing Subscription);

(b) limited to a specific period of time, which may or may not be capable of renewal (Periodic Subscription); or

(c) limited to a trial period, and/or limited in functionality during that period, which is not capable of being renewed on the same terms (Trial Subscription).

Further details of subscription types are set out on the Platform.

We may restrict the functionality of the Platform, or your access to parts of the Platform, based on the subscription level, licence type, and fees payable under any Periodic Subscription or Ongoing Subscription.

If the Platform is provided on an Ongoing Subscription or Periodic Subscription basis, the Subscription will continue for such time as all applicable subscription fees are paid to Broadsheet (or until the set period for which fees have been paid expires), unless terminated earlier under these Terms. If the Platform is provided on a Trial Subscription basis, clause 4 will apply.

You must pay any subscription fees in accordance with the applicable subscription terms and must provide Broadsheet, where applicable, with all necessary information to enable us to receive such payment. You must ensure that such information is current and correct at all times. If your payment details are incorrect or an attempt to bill you fails, we reserve the right to suspend your access to the Platform until the matter is rectified.

Broadsheet may change the subscription (or other) fees payable in respect of use of the Platform at any time by notice to you, and those fees will apply to any subsequent transaction (for Ongoing Subscriptions) or Subscription Period (for Periodic Subscriptions). If you do not accept the change in fees, your Subscription will terminate (for Ongoing Subscriptions) or your Subscription will expire at the end of the then-current Subscription Period (for Periodic Subscriptions).

4. TRIAL SUBSCRIPTIONS

If the Platform is provided on a Trial Subscription basis, the Subscription commences on the date that the Trial Subscription is granted (or such other date as notified by us). The Trial Subscription will either expire at the end of the trial period specified by us, or if no such period is specified, upon Broadsheet disabling your access to the Platform (Trial Period).

Broadsheet may at its discretion, limit the functionality of the Platform and/or restrict access to certain functionality of the Platform during the Trial Period.

You may purchase an Ongoing Subscription or Periodic Subscription for the Platform and unlock its full functionality at any time by contacting us via the Platform (if applicable). Upon expiry of the Trial Period, Broadsheet may offer you the option to purchase an Ongoing Subscription or Periodic Subscription for the Platform.

5. ENDING SUBSCRIPTIONS

You may cancel your Subscription at any time by providing notice to us.

We may terminate or suspend your Subscription at any time and for any reason by notice to you, if reasonably necessary for our business purposes. Suspension or termination of your Subscription may result in us completely disabling your use of the Platform and/or disabling certain functionality which would only be accessible to you if your Subscription had not been suspended or terminated.

If a Subscription is cancelled or terminated for any reason, we will continue to provide access to the Platform based on that subscription level until expiration of the then-current Subscription Period. Subject to law, Broadsheet will not provide refunds (in whole or in part) in respect of any unused portion of a Subscription Period. Nothing in these Terms limits or reduces your rights under the Australian Consumer Law (as enshrined within Schedule 2 of the Competition and Consumer Act 2010 (Cth)) and/or the New Zealand Consumer Guarantees Act 1993 (as applicable).

If your Subscription is suspended in whole or in part under this clause 5, we may, at our sole election (but at all times acting reasonably):

(a) end that suspension if and when the relevant event giving rise to the suspension is cured; or

(b) provide notice of termination at any time relevant event giving rise to the suspension has not been cured, or alternatively disable the use of the Platform,

and you acknowledge and agree that we will not incur any liability in respect of the failure to supply access to the Platform (or allow you to exercise any other rights in respect of the Platform) during any period in which your Subscription is suspended, subject to law. If your suspension was due to factors outside of your control, we will assess the need to provide credit towards your account or a refund, acting reasonably.

If your Subscription is terminated, you may not use the Platform, or any services provided by the Platform, without obtaining a new Subscription. Broadsheet may in its sole discretion refuse to grant a Subscription to you.

6. YOUR CONTENT

Nothing in these Terms affects the ownership of any words, images, or other materials that you post or submit to the Platform or otherwise provide to us, or post to a public forum or social media channel in connection with us, an Order, or Goods (Your Content), if any. By providing Your Content to us, you:

(a) represent that any information comprising Your Content is true and correct and acknowledge that Broadsheet will rely on that information in entering into any agreement with you;

(b) promise that you own or have the right to use Your Content and that use of Your Content will not infringe anyone else’s rights;

(c) warrant that Your Content is not misleading, dishonest, fraudulent or unlawful, or otherwise threatening, harassing, violent, abusive, defamatory, invasive of privacy, vulgar, offensive, obscene, profane or objectionable; and

(d) give us a world-wide, non-exclusive, perpetual, irrevocable, royalty-free licence to use, publish, reproduce, modify and communicate Your Content for the purpose of operating the Platform and the Broadsheet business, including providing Goods and/or services to you or others, or for our own promotional purposes.

We may edit, modify, delete, remove or take down any of Your Content within our possession or control that we believe (in our sole discretion) is in breach of these Terms or is otherwise unlawful, without notice to you and without us incurring any liability. We are under no obligation to monitor or moderate Your Content. The opinions expressed in Your Content are the opinions of the provider of that content and do not constitute opinions of or representations made by Broadsheet.

7. OUR CONTENT

The Platform and everything on the Platform (excluding Your Content) is either owned by us or is licensed to us. This includes: (i) the design, compilation and look and feel of the Platform; (ii) all copyright, trademarks, designs and other intellectual property displayed on or incorporated into the Platform; (iii) all intellectual property rights subsisting in the Goods; and (iv) all other trademarks, logos, business names, or domain names used in connection with the Platform and our business (unless otherwise stated) (together, Broadsheet IP).

Subject to your compliance with these terms, we grant you a non-exclusive, revocable, world-wide, royalty-free licence to access, use, and download the Broadsheet IP only for the limited purpose of accessing and using the Platform, including communicating with us and buying Goods or services.

You must not copy, reproduce, adapt, transmit or distribute any of our content or use the Broadsheet IP in any way not expressly permitted in these Terms (or otherwise allowed by law). All rights in the Broadsheet IP are strictly reserved to Broadsheet and its licensors and nothing in these Terms creates an assignment in respect of the Broadsheet IP.

You must not:

(a) use, or authorise to be used, automated means, including spiders, robots, crawlers, data mining tools, or similar, to download or scrape data or content from our Platform (or from other platforms via which we given you access to our data and content) for any purpose we do not approve of;

(b) submit, or authorise to be submitted, any data or content from our Platform (or data or content we otherwise give you access to) to any large language models or other machine learning or artificial intelligence platforms, tools, programs, software, operation, and/or similar (AI Programs); and/or

(c) use, or authorise to be used, any data or content from our Platform (or data or content we otherwise give you access to) for any purpose in relation to any AI Programs, including to create, develop, train, and/or otherwise improve any AI Programs and/or for the purposes of generating replicated or derivative content from such AI Programs.

Reviews of businesses submitted by registered users of the Platform are the opinion of the respective authors, and are not necessarily reflective of the views of Broadsheet. We will not mediate disputes between business owners and registered users. If a business owner disagrees with a review published by a registered user, the business owner should, in an effort to resolve the issue, publish a comment in reply to the user’s review. If a business owner believes that a registered user’s review contradicts these Terms, please contact us at [email protected] and provide full details including the nature of the disagreement. Broadsheet may (in our sole discretion) remove the post in question, if we agree that a breach of these Terms has taken place. It is not Broadsheet’s role to ensure only positive (or only negative) reviews of third party goods or services, and we endeavour only to provide a platform for the sharing of balanced and fair commentary and reviews.

If you are a business owner you covenant and agree that:

(a) Broadsheet is a media vendor and platform service provider and a mere conduit for the sharing of views, opinions and other content;

(b) to the maximum extent permitted by law, Broadsheet will not be liable or responsible for any comments or reviews posted on the Platform by anyone, and will not be liable or responsible for the accuracy or legality of any advertising or marketing material posted by third parties on the Platform, whether that placement was for good and valuable consideration or otherwise;

(c) any issue or potential legal claim arising from, in relation to or connected with comments or reviews posted on the Platform must be resolved between you and the person who has posted or made the comment or review;

(d) you release Broadsheet from any claims, liability, demands, loss, causes of action, suits and costs arising from or connected with any comments or reviews posted on the Platform including without limitation any comments or reviews negative to your business and/or which you believe are untruthful or unreasonable; and

(e) the provisions of these Terms may be pleaded by Broadsheet as a complete bar and defence to any claims, liability, demands, loss, causes of action, suits and costs arising from or connected with any comments or reviews posted on the Platform.

B. ORDERS

Goods available for purchase via the Platform may be Broadsheet Goods or Third Party Goods. Terms specific to Third Party Goods are set out in clause 13.

8. ACCEPTANCE POLICY

Your receipt of an Order confirmation, in electronic or any other form, does not signify our acceptance of your Order, nor does it constitute confirmation of our offer to sell Goods to you. A contract will not be formed between Broadsheet and you for the purchase of Goods until a delivery confirmation email is sent. Broadsheet reserves the right to, by written notice to you at any time after receipt of your Order but before sale confirmation is provided, decline your Order for any reason or advise you that we will supply less than the quantity of Goods ordered (for instance, due to a product being out of stock, or similar).

9. PRICING AND PAYMENT

Prices of Goods offered for sale on the Platform (Prices) are subject to change without notice to you. You agree to pay Broadsheet the Prices as quoted at the time of Order, which will be charged to your nominated method of payment (where valid and accepted).

Prices quoted are in Australian Dollars. You acknowledge and agree that all credit cards will be charged in Australian Dollars and the prices confirmed at the time of Order are inclusive of any applicable GST and/or other applicable taxes, fees, and charges unless otherwise notified to you prior to purchase.

In the event that a product is listed on the Platform at an incorrect Price or with incorrect information due to typographical error or error in pricing or product information, Broadsheet has the right to refuse or cancel any Orders placed for such products (including if such Orders have been confirmed or payment of the Price has been processed).

If your payment has already been processed and your Order is cancelled, Broadsheet will issue a credit to your account in the amount of the Order.

10. ORDER CANCELLATIONS

If you notify us before Goods have been dispatched, Broadsheet may, but is not obligated to, accommodate Order cancellations. If items have been shipped, Broadsheet reserves the right to refuse Order cancellation or charge a reasonable cancellation fee should we be able to request the return of the package from our delivery service, and you will be liable for any cancellation costs imposed by our carrier. Otherwise, an Order cannot be cancelled once placed by you, subject to law.

11. CHANGE OF ADDRESS

The shipping address for your Order is shown in the checkout and on your Order confirmation and shipping confirmation emails. In the event that an incorrect address was entered, address changes can only be made before the Order is shipped. Broadsheet cannot accommodate all address change requests. Broadsheet takes no responsibility for Orders shipped to an address provided by you that is incorrect or invalid and is not liable for any loss, cost, expense, or damage arising from an Order being shipped to such an address.

12. PRIVACY

Any Personal Information (as that term is defined in the Privacy Act 1988 (Cth)) you provide to Broadsheet will be collected, used, stored, and disclosed for the purpose of processing your Orders, providing information about our products or services, and communicating with you as a member of the Broadsheet customer community and otherwise in accordance with applicable law. This is further described in our Privacy Policy.

13. THIRD PARTY GOODS

Broadsheet may offer Goods for sale through the Platform on behalf of a third party supplier (Third Party Supplier). Any such Goods (Third Party Goods) are ordered directly from the relevant Third Party Supplier, who will be responsible for fulfilment and delivery of your Order. By ordering Third Party Goods, you agree to enter into a separate binding agreement with the relevant Third Party Supplier for the supply of those Goods and acknowledge that you may be required to agree to additional terms in respect of that supply. It is your responsibility to read and understand any such additional terms as may be notified to you. To the extent permissible by law, Broadsheet excludes all liability in relation to your interactions with any third parties instigated through the Platform.

Where Third Party Goods constitute or contain liquor, the relevant Third Party Supplier’s liquor licence will apply to the sale and delivery of liquor to consumers in each State or Territory in which such Goods are offered for sale. Further terms and conditions may apply. The name of the applicable Third Party Supplier and their licence number will be communicated to you at the point of purchase. By purchasing Goods constituting or containing liquor, you warrant to us and any relevant Third Party Supplier that you are over the age of 18. You may be asked to confirm your age at any point during the purchase process and may be required to produce identification/proof of age or other information reasonably required to confirm your identity at a later point in time, up to and including delivery.

You acknowledge that Broadsheet is not the supplier of Third Party Goods for the purposes of the Australian Consumer Law or the New Zealand Consumer Guarantees Act 1993 (as applicable), or in relation to any consumer guarantees set out thereunder. To the maximum extent permitted by law, Broadsheet excludes any and all liability for or arising in connection with Third Party Goods. Any claim you may have in respect of Third Party Goods must be raised directly with the relevant Third Party Supplier.

In certain cases, Broadsheet may have a relationship with a third party whose website is linked to this Platform. That third party may pay Broadsheet either a commission or a referral fee where you buy products from them based on a percentage of the gross payment received by that third party from you. The commission and referral fees are normally payable by those third parties on a monthly or quarterly basis, in arrears.

C. DELIVERY AND RETURNS

14. DELIVERY

The delivery times provided by Broadsheet are estimates only. You are not relieved of any obligation to accept delivery of or pay for Goods because of a delay in delivery.

Broadsheet will make all reasonable efforts to deliver the Goods to you at the time and on the date indicated as the expected delivery date, however, time is not of the essence under these Terms and, except where Broadsheet has an obligation under the Australian Consumer Law or the New Zealand Consumer Guarantees Act 1993 (as applicable), Broadsheet is not liable for any failure to deliver or delay in delivery for any reason including, without limitation, where an event beyond our reasonable control occurs (such as a result of any strike, trade dispute, fire, tempest, theft, breakdown, pandemic, government restrictions, global supply chain disruptions or similar). You agree that Broadsheet is not liable to you for any cost, expense, loss or damage arising out of such a delay in delivery or a failure in delivery.

If the option for customer pick-up is available for Goods you wish to order, pick-up can be arranged from the location specified in the Order at no additional cost to you. Broadsheet is not liable to you for any failure to collect the Goods or delay in collection when you elect to pick up Goods yourself. If you fail to collect the Goods within a notified collection period, Broadsheet may (at our election) ship those Goods to your nominated contact address at your cost, or refund payment received in respect of the Goods, in which case we cannot guarantee that replacement Goods will be available.

Where you purchase Third Party Goods, the Third Party Supplier is responsible for the management of delivery and returns. Accordingly, any queries should be directed to the Third Party Supplier. We assume no responsibility or liability for delivery and/or return of Third Party Goods.

15. FAULTY PRODUCT RETURN, REFUND, OR REPLACEMENT

Goods ordered from the Platform come with guarantees that cannot be excluded under the Australian Consumer Law and the New Zealand Consumer Guarantees Act 1993 (as applicable). You are entitled to your choice of a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced (at our election) if the goods fail to be of acceptable quality and the failure does not amount to a major failure. This section is not intended to be a full summary of the relevant consumer guarantees, so you should seek your own advice in this regard and the above does not constitute legal advice. If you have received a product which you believe is faulty, please contact our Customer Support to arrange a refund, replacement or repair (as may be applicable in your specific case) at [email protected]. If an additional warranty applies to your product, that warranty applies in addition to your rights under the Australian Consumer Law or the New Zealand Consumer Guarantees Act 1993 (as applicable), and does not replace or exclude any of those rights.

For Third Party Goods, please contact the relevant Third Party Supplier. The remainder of this section relates to Goods that are not Third Party Goods.

Product returns: We will happily exchange or refund your item for change of mind within 7 days of the delivery date, provided the item and its packaging are in original, complete and undamaged condition. Any Goods returned outside of this period or returned damaged or soiled (unless faulty or other returned due to breach of consumer guarantees) will not be replaced, refunded, or returned to you. Returned products (i.e. change of mind returns) must be in as new condition and sent to the return address indicated on your Order or shipping confirmation. We recommend sending returns via registered post or courier as we do not accept responsibility for lost items.

Where Goods have a defect or there is a breach of consumer guarantees and you have discussed this with our Customer Support and we have determined that your claim is indeed valid, Broadsheet will discuss with you the best way to return the Goods to us, and the nature of the failure (i.e. major or minor). Broadsheet may (depending on the nature of the issue): (i) refund the Price paid for the Goods (either a full or partial refund); (ii) replace the Goods; (iii) have the Goods repaired; or (iv) pay the cost of having the Goods replaced or repaired (see clause 19 - Our Liability to You for more detail). The Broadsheet returns policy (as set out here or elsewhere on the Platform) does not seek to limit your rights and Broadsheet’s rights and obligations under the non-excludable provisions of the Australian Consumer Law (contained in Schedule 2 of the Competition and Consumer Act 2010) or the New Zealand Consumer Guarantees Act 1993 (as applicable).

16. TITLE AND RISK

Risk in the Goods will pass to you once the Goods depart from Broadsheet’s or the Third Party Supplier’s storage premises (as the case may be) for the Goods, unless otherwise agreed in writing.

Title in the Goods will remain with Broadsheet (or the relevant Third Party Supplier) and pass to you only on full payment of the Price, as well as all other amounts owing to Broadsheet by you, in full. You will hold the Goods (including where they have been converted or changed by any process) as bailee and agent for Broadsheet unless and until payment in full is received.

D. GENERAL

17. PROMOTIONS

(a) Promotions, discounts and promotional codes (collectively Promotions) are valid for the specified time period for online purchases of Goods only and may be used one time only unless otherwise stated.

(b) One time use Promotions must be used in their entirety in a single purchase. Any amounts not redeemed in the applicable purchase will be forfeited. Promotions cannot be combined with other promotions unless specified.

(d) Promotions do not apply to shipping unless expressly stated otherwise.

(e) Promotions cannot be applied retroactively to previously placed Orders or to Orders that have been adjusted.

(f) For Promotions requiring a minimum order size, charges for shipping and credits from gift certificates do not count towards the minimum order size requirement.

(g) For Promotions where you must buy 1 (or more) item(s) to get a reduction on the second (additional) item(s), the discount will be applied at checkout to the lower priced item.

(h) If Goods were purchased with a Promotion and subsequently returned, you will be issued a credit or refund at the promotional price and, if the Promotion has expired, it cannot then be applied to a replacement or future Order.

(i) If you return a gift that was purchased with a Promotion and the Promotion has expired, you cannot apply the expired Promotion to a replacement or future Order.

(j) Promotional items are available only while supplies last; Broadsheet does not issue rain-checks for items that run out of stock.

(k) Broadsheet, at its sole discretion but subject to applicable law, can extend or terminate a Promotion at any time.

(l) Broadsheet has no obligation to advise an entrant of an incomplete or incorrect entry and will not be accountable for the return of any item Ordered incorrectly.

(m) Please note discount coupons are valid for non-sale items only and cannot be used during sale periods and cannot be added to other Promotions unless specified.

(n) By claiming a promotional offer on your Order, you agree that you have understood the terms and conditions of that promotion.

18. CHANGE AND ACCESS

Broadsheet does its best to provide current and accurate information on the Platform but things sometimes change, and so we may need to update or remove statements and representations made on the Platform from time to time.

The Platform is provided “as is” and to the extent permissible by law, the Platform is provided without any warranties of any kind, express or implied. While the Platform will usually be available 24 hours a day, seven days a week, sometimes the Platform may be unavailable while we conduct maintenance, or for technical or other reasons. We will try to give you notice before any planned outages, and keep interruptions to a minimum, but we are not responsible for any delay, loss, or other damage you might suffer as a result of any error or interruption in accessing the Platform.

This website uses cookie technology in order to provide information and services to website visitors. Cookies are pieces of information that a website transfers to your computer's hard disk for record keeping purposes and are a necessary part of facilitating online transactions. Most web browsers are set to accept cookies. Cookies are useful to estimate our number of users and determine overall traffic patterns through the Platform. If you do not wish to receive any cookies you may set your browser to refuse cookies, however you will not be able to take full advantage of the services available on the Platform.

You are not allowed, without our prior written consent, to frame, deep link, mirror or retransmit any part of the Platform or its content, or quote or use whole or parts of the Platform or its content in a third-party website. If you are interested in linking to the Platform, please contact us at [email protected].

The Platform may contain links to other websites which are owned by third parties, such as our partners and supporters. These links are provided solely for your convenience and are not an indication that Broadsheet endorses the products or services that are provided by that website, or the claims made by the third party. When accessing third party sites and using those products and services you agree and undertake to do so at your own risk.

19. OUR LIABILITY

Subject to law, we do not promise that the content on the Platform (or your access to it) will be uninterrupted or error free, that any defects will be corrected, or that the Platform or content are free of viruses or any other harmful components. Subject to law, we make no promises regarding correctness, completeness, reliability or otherwise regarding your access to the Platform or your use of it. To the extent permitted by law, we are not liable to you for any loss claimed or incurred by you or others as a result of any lack of availability.

You further acknowledge and agree that, in using the Platform, including by uploading or creating Your Content:

(a) content will be transmitted over the internet any other network used by the Platform, which may include transmission to servers located in other states or countries;

(b) while we will take all reasonable security precautions, the transmission, upload, download, or storage of content via the Platform is not guaranteed to be, and may not be, secure;

(c) transmitting, uploading, or downloading content via the Platform may render your systems vulnerable to viruses, malware or other forms of attack that are beyond our reasonable control; and

(d) you are at all times responsible for the security of your own systems and your content.

To the maximum extent permitted by law, Broadsheet will not be liable or responsible for protecting the security of any of Your Content that is transmitted, uploaded or downloaded via the Platform, or any loss, cost, expense or damage suffered by you as a result of any unauthorised access or use of Your Content or Broadsheet’s systems.

To the extent permitted by law, Broadsheet and its related entities will not be liable to you, whether in contract, tort (including negligence) or otherwise for any economic loss, loss of profit, business, goodwill, revenue, customers, capital, reputation, data, anticipated savings or benefits or any other damages such as indirect, incidental, special, punitive, consequential or similar damages arising from your use of the Platform or its content or services, or from the purchase or supply of any Goods.

Subject to the non-excludable provisions of the Australian Consumer Law (contained in Schedule 2 of the Competition and Consumer Act 2010) or the New Zealand Consumer Guarantees Act 1993 (as applicable) and any other non-excludable term implied by law, the Platform and all Goods and services are provided on an "as is" basis without warranties of any kind (save as expressly provided by us in writing), and Broadsheet excludes all warranties, representations, and liability of any kind (including in negligence) in connection with the Platform, or any goods or services advertised or offered for sale via the Platform. To the maximum extent permitted by law, where any liability of Broadsheet cannot be excluded, we limit that liability (at our election):

(a) in respect of any damaged or defective Goods or services provided to you by Broadsheet to: (i) repairing any Goods; (ii) replacing any Goods or services provided to you by Broadsheet; or (iii) payment of the cost of having the Goods or services repaired or resupplied; and

(b) otherwise, to payment in the amount of AUD $10.

20. YOUR LIABILITY TO US

You are liable and solely responsible for:

(a) any of Your Content or User Comments you submit via the Platform;

(b) your breach of any person’s intellectual property rights (including those of Broadsheet or its manufacturers and suppliers);

(d) your breach of any applicable law.

You agree to indemnify Broadsheet (including our directors, officers, employees, contractors, assigns, and related bodies corporate) (Indemnified Parties) from and against any and all claims (including in negligence), liabilities, costs, expenses (including legal fees) and loss suffered or incurred by the Indemnified Parties and arising in any way from any of the matters set out in paragraphs (a) – (d) above. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claims. This indemnity shall be reduced proportionately to the extent that the negligent act or omission of the Indemnified Parties caused or contributed to the relevant loss.

21. LEGAL

(a) We have tried to make the wording of these Terms clear and easy to read. If you read something in these Terms that you are not sure about, then please seek independent advice.

(b) These Terms are governed by the laws in force in Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts.

(c) Invalidity of any provisions in these Terms does not affect any other provisions. If any provision of these terms shall be invalid, unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

(d) Any delay or failure by us to enforce any rights under these Terms does not constitute waiver.

(e) We may from time to time make changes to these Terms, and it is your responsibility to ensure that you check these Terms each time you visit the Platform. Your continued use of the Platform means that you have accepted any changes we have made.

Broadsheet Media Terms of Use