Crikey Magazine Subscription Terms and Conditions

CRIKEY! MAGAZINE SUBSCRIPTION TERMS AND CONDITIONS

These are the terms and conditions (the "Terms and Conditions") for using the CRIKEY! MAGAZINE SUBSCRIPTION service, hereafter referred to as the "Service". This Service is provided to you, the user ("you", "your") on the basis that you accept the terms of this contract. It is a legal agreement and it sets out the rights and obligations of you and CRIKEY! MAGAZINE ("we", "us", "our"). By using the Service, you are agreeing to be bound by these Terms and Conditions.

ADDITIONAL DEFINITIONS:

“Australia Zoo” means Australia Zoo Operations Pty Ltd ACN 124 586 910

"Direct Debit Date" means the date when each CRIKEY! MAGAZINE Payment is to be deducted in accordance with these Terms and Conditions

"GST" means goods and services tax imposed or to be imposed under the A New Tax System (Goods and Services Tax) Act 1999 (as amended) and any related imposition Acts of the Commonwealth, or any Act in substitute for them

"Member" means the person whose identity is inserted in the applicable section of the Crikey Magazine Membership Subscription Purchase Page

“Account” means the account set up at the time of purchase

"Membership Agreement" means these Terms and Conditions together with the Membership Subscription Purchase Page and the Membership Entitlements

"Nominated Facility" means the debit or credit card, the details of which are inserted in the Membership Subscription Purchase Page

"Notice" means communication by telephone or email

"Ongoing Direct Debit" means billing of the Nominated Facility

"Ongoing Membership" means Membership where the Crikey! Magazine Membership Payment is paid by Ongoing Direct Debit

"Our Website" means www.shop.australiazoo.com.au

"Personal Details" means information about a person provided when that person’s identity can be linked to that information

"Personal Information" has the meaning ascribed to it by the Privacy Act 1988

"Purchaser" means the person whose identity is inserted in the applicable section of the Crikey! Magazine Membership Subscription Purchase Page

"Membership Payment" means the amount of money set out in the Membership Purchase Pages [or as amended by US if WE subsequently give Notice it has been miscalculated] which shall be inclusive of GST.

"ReCharge" means ReCharge Inc.

"Start Date" means the date when the Membership Agreement is deemed to have been entered into as set out in these Terms and Conditions

1. Use of the Service

As part of this Service, we may make available to you certain photographs, text images, statistics, logos and other content and intellectual property of, it’s CRIKEY! MAGAZINE and related companies. All content is in our absolute discretion and we reserve the right to change advertised features. All design, text, graphics, footage, copyright subject matter, brands, logos, trade-marks and other intellectual property, and the selection or arrangement thereof, are the property of Australia Zoo and related companies. We reserve the right to refuse to accept your registration. You warrant that the information which you provide when you register is true, accurate and complete in all respects.

MEMBERSHIP AGREEMENT

The Membership Agreement will be deemed to have been entered into when all necessary details in the Membership Subscription Purchase Pages have been completed and provided to US, the Subscription has been entered into between the Purchaser and ReCharge by the Purchaser agreeing to (or directing us to) in the Membership Subscription Purchase Page authorizing ReCharge to debit their nominated account at the nominated financial institution and WE have either told or sent an email to the Purchaser by return confirming receipt and that the Membership has been created.

2. Payment & Term

All payments due to US shall be collected by ReCharge as OUR Subscription Payment Provider in accordance with the terms of the Membership Subscription entered into between the Purchaser, US and ReCharge.

A Purchaser who pays for subscription by Ongoing Direct Debit of the Crikey! Magazine Membership Subscription Payment must pay same to ReCharge and:-

•acknowledges and agrees that ReCharge has been appointed by US to collect the Crikey! Magazine Membership Payment (the “Fee”) when due under the Membership Subscription Agreement and all rights WE have under the Membership Subscription Agreement may be carried out by ReCharge as if ReCharge were US.

•authorizes RECHARGE to directly debit the Nominated Facility for each Crikey! Magazine Membership Subscription Payment (the “Fee”) when due under the Membership Agreement

•agrees to ensure sufficient funds or credit is available in the Nominated Facility to satisfy the Crikey! Subscription Payment (the “Fee”) on each Direct Debit Date

•shall give Notice to ReCharge if the Nominated Facility is closed or its details are changed in any way

•must cancel the direct debit function of the Nominated Facility when the Membership Agreement is at an end.

You must pay the Crikey! Magazine Membership Payment (the "Fee") applicable to the specified Service which you have subscribed for, in accordance with the fee plan notified to you at the time of registration. This is a recurring subscription and therefore your Nominated Facility will be debited in advance every quarter (3 months) or annually (12 months). After the initial payment, you can cancel your subscription at any time, but only as set out in, and subject to the terms of, clause 4 below. The Fee will be automatically billed against the credit/debit card number (the “Nominated Facility”) that you provide during purchase. You will be notified by email that we have debited your Nominated Facility and that you have been granted access to the Service. The email message will constitute our acceptance of your request to access the Service. Our acceptance of your order will be deemed complete and received by you at the time and date we send the email, which time and date is specified on the email. We accept no responsibility for you not actually receiving the email for reasons outside our control. It is your responsibility to provide us at all times with a current email address and subscription mailing address, these updates will be accepted by the actioning through your Account or by emailing [email protected]

The Fee will be charged in Australian dollars. The Purchaser is solely liable for any currency conversion costs incurred.

3. Dishonoured Payments

ReCharge will attempt to debit the Crikey! Subscription Payment (the “Fee”) on each Direct Debit Date. Should your payment dishonour, ReCharge will attempt to debit the payment again after 7 days. A further payment dishonour will generate the cancellation of the Subscription.

4. Cancellation, Minimum Term, Continuation of Subscription, Increase of Fee and Termination

CANCELLATION AND MINIMUM TERM

Purchasers of the Service may cancel their subscription after the initial payment with at least one (1) months’ notice by contacting ReCharge through the means outlined in the initial subscription email. Cancellations will be accepted by the actioning through your Account via the Cancel Subscription button or by emailing [email protected] The cancellation of the subscription will only come into effect after the first full payment period has been completed - 3 months for quarterly or 12 months for annually. We accept no responsibility for non-receipt of emails by us/them for reasons outside of our control.

CONTINUATION OF SUBSCRIPTION

Ongoing Crikey Magazine Membership shall continue on a quarter-to-quarter or year-to-year basis depending on whether a quarterly or annual subscription has been purchased UNLESS the Purchaser has given US Notice of termination of the Membership Agreement with at least one (1) months’ notice and subject to the terms of clause 4.

INCREASE OF FEE

Following expiration of the Minimum Term WE may at any time increase the Fee. If WE wish to do so then WE will give the Purchaser not less than one (1) months’ Notice as to the increase. If the Purchaser wants to terminate the Membership Agreement because of the increase then the Purchaser must give US Notice of termination of the Membership Agreement not more than fourteen (14) Days after they receive the Notice from US. If the Purchaser does so then the Membership Agreement shall be at an end one (1) month after WE gave the Purchaser Notice of the increase and the Fee shall be payable in the intervening period. If WE do not receive any Notice of termination of the Membership Agreement from the Purchaser during the fourteen (14) Day period then the Membership Agreement shall continue and the increase in the Fee will be payable.

TERMINATION

A Membership may be cancelled at any time if the Purchaser gives US not less than one (1) month’s prior Notice of termination of the Membership Agreement in which event the Membership Agreement will end one (1) month from the next following Direct Debit Date after Notice was given. The Quarterly or Annual Membership Payment shall continue to be payable in the intervening period. The Membership Agreement may be terminated by US at any time by Notice to the Purchaser if the Quarterly or Annual Membership Payment has not been paid when due or the Membership Terms and Conditions are breached in any way.

5. Disclaimer of warranties

We are providing the Service on an "as is" basis and make no representations or warranties of any kind with respect to either the Service or its content including (without limitation) warranties as to completeness, accuracy, satisfactory quality and fitness for any particular purpose, except to the extent required by law. We do not warrant that the Service will meet your particular expectations or requirements or that it will be uninterrupted, timely, secure or error-free, nor do we make any warranty as to results or the accuracy of any information obtained by you through the Service, except to the extent required by law.

6. Limitation of liability

If we incur a liability to you as a result of any term, condition or warranty implied by any law, or in the event of a breach of these Terms and Conditions by us, our liability is limited to one of the following as nominated by us in our discretion: (a) the resupply of any relevant service comprised in the Service; or (b) the payment of the cost of having the relevant service supplied again.

7. Suspension and Termination

We may suspend or terminate the Service or your access to the Service at any time in our absolute discretion and without liability to you if: (a) your access to the Service is considered to be in breach of these Terms and Conditions or (b) a court or competent regulatory authority requires our provision of the Service to be terminated.

8. Tax

You will have responsibility for payment of any and all taxes, charges, duties, excises, imposts or similar fees levied or imposed in connection with the Service, including any such amounts levied or imposed on us and we are entitled to pass on to you or recover any such amounts. Without limiting the foregoing, if we incur a GST liability in respect of the supply of services under this contract, the price otherwise payable by you for that supply will be increased by an amount equal to the amount of the GST payable. Unless expressly stated to the contrary, all prices given by us in connection with the Service are GST inclusive.

9. General

Any notices we send will be sent to the email address you supply during the registration process. Other than cancellation requests, any notices or enquiries you send us should be sent by email to [email protected] Notices will be deemed to have been delivered at the time and date of sending of the email, which time and date are specified in the email. If we fail to exercise or enforce any right we have under these Terms and Conditions such failure will not be deemed to be a waiver of that right nor will it prevent us exercising or enforcing that right on a later occasion. No refunds will be made in connection with any postponement or cancellation of events, or change in content, for whatever reason. You warrant that all information provided by you is true, accurate and current. If we believe you have provided false information, we reserve the right to terminate this contract and your access to the Service. We will not be liable to you for any breach of these Terms and Conditions by us due to any cause beyond our reasonable control. We reserve the right to vary and/or update these Terms and Conditions from time to time by notifying you at your then current email address. Updated Terms and Conditions will be posted on this website and can be viewed by you at any time. We recommend you check regularly to ensure you are aware of any changes. Changes to the Terms and Conditions will be deemed to have been accepted by you if you continue to access the Service from the date the updated Terms and Conditions are so posted. We may assign or transfer all or any of our rights and/or novate our obligations under these Terms and Conditions to a group company or other third party. In the event of assignment or transfer, notification will be given to you by e-mail. These Terms and Conditions constitute the entire agreement between us and you with respect to this subject-matter and exclude any representations or warranties previously given or made. These Terms and Conditions and your access to and use of Service are subject to the laws of Queensland Australia and you submit to the exclusive jurisdiction of the courts of Queensland.