Terms & Conditions

These terms and conditions ("Terms") govern the paid membership program ("Membership Program") offered by Women in Media ("Organisation").  By becoming a member of the Membership Program, you agree to be bound by these Terms.

1. Membership Eligibility

To be eligible as a member of the Membership Program, you confirm that you:

(a) are at least 18 years old;

(b) have full power, capacity and authority to agree to the Terms;

(c) have provided accurate and complete information about yourself to the Organisation during the application process;

(d) have paid the applicable membership fee; and

(e) have not previously been suspended or removed from the Membership Program.

2. Membership Term

2.1 Membership of the Membership Program is valid for one year from the date of payment of the Fee.

2.2 Annual membership will automatically renew each year ("Automatic Renewal") unless cancelled by the member in advance of the Automatic Renewal.

2.3 The Organisation will notify you in writing not less than 30 days prior to the Automatic Renewal that the membership is scheduled to renew.

3. Membership Benefits

3.1 Following receipt of payment of the membership fee, the Organisation will provide you with the benefits of the Membership Program outlined by the Organisation from time to time ("Membership Benefits") for the applicable tier of membership selected by you, including but not limited to:

(a) access to exclusive content and services;

(b) discounted tickets to events; and

(c) the opportunity to participate in member-only programs.

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Members can move to a higher paid category if they pay the difference in fees.

3.2 The Organisation will make reasonable efforts to ensure that the Membership Benefits are available to you at all material times.

3.3 You acknowledge and agree that access to the Membership Benefits may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads or events outside of the Organisation's control.  The Organisation will use commercially reasonable efforts to avoid downtime of its online services, but assumes no liability if any part of its online services is unavailable at any time or for any period.

4. Member Obligations

As a member of the Membership Program, you agree that you will at all times:

(a) comply with the standards of behaviour and conduct stipulated by the Organisation from time to time, including but not limited to the Organisation's code of conduct (available [here]) and Privacy Policy (available at [link]);

(b) comply with all applicable laws and regulations (including in relation to privacy and spam); and

(c) not engage in conduct which:

(i) is obscene, threatening, offensive, harmful, of bad taste, defamatory, discriminatory or otherwise inappropriate;

(ii) is false, misleading or inaccurate, or otherwise in contravention of any consumer protection legislation; and

(iii) infringes any third party’s intellectual property rights.

5. Membership fees

5.1 Membership fees are payable by you annually in advance.

5.1 Payment for membership fees must be made by the specified methods on the Organisation's website or as otherwise agreed with the Organisation.

5.3 Subject to clause 9 (Termination and suspension), membership fees are non-refundable.

5.4 The Organisation may change membership fees for the next membership year by notifying you in writing not less than 30 days in advance of the change.

5.5 If you do not wish to accept the fee price change, you may cancel your membership prior to the Automatic Renewal taking effect.

5.6 If you do not cancel your membership prior to the Automatic Renewal taking effect, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorise us to charge your payment method these amounts.

5.7 If your payment method is no longer valid at the time of Automatic Renewal, you agree to pay the membership fee via an alternative payment method within 14 days of being notified in writing by the Organisation, failing which the Organisation will cancel the membership and terminate your access to the benefits of the Membership Program.

6. Privacy and spam

6.1 You agree that the Organisation may collect, use, disclose and store personal information and related information about you in connection with your involvement in the Membership Program in accordance with its Privacy Policy (available at https://www.womeninmedia.com.au/privacy-policy).

6.2 You acknowledge and agree that the Organisation can send you communications, including electronically, in connection with the Membership Benefits.

6.3 If you have opted in to receiving marketing communications, you consent to the Organisation and its partners sending you electronic communications, including by email and SMS from time to time, and agree that the Organisation may share your personal information with its partners for this purpose.

6.4 You agree that you will only share the personal information of third parties with the Organisation where you have first obtained their consent and have taken reasonable steps to notify them of the Organisation's Privacy Policy.

7. Intellectual Property

7.1 All content, information and materials provided by the Organisation in conjunction with the Membership Benefits (including but not limited to news articles, photographs, images, illustrations, podcasts, video clips, links, forum posts, messages and emails) (the “Content”) and the Organisation's logo, are protected by copyright, and are owned or controlled by the Organisation. You acknowledge and agree that:

(a) as between the Organisation and you, the Organisation is the sole owner of all intellectual property rights in the Content, including without limitation, all applicable copyright, patents, trade marks, trade secrets and business names;

(b) you are not authorised to use, reproduce or distribute any of the Content or the Organisation's logo unless you obtain the Organisation's prior written consent.

7.2 Where, as part of the Membership Benefits, you submit your own personal contributions (for example, by submitting photographs, video footage or written commentary or feedback or participating in discussions with other members) ("Your Contributions"):

(a) as between the Organisation and you, you will own all intellectual property rights in Your Contributions;

(b) you provide a worldwide, perpetual, irrevocable, royalty-free licence to the Organisation to use, reproduce, distribute and display Your Contributions for any purpose, including the right to sub-license;

(c) you warrant that Your Contributions are your own original work, that you own all intellectual property rights in and to Your Contributions, and the Organisation's use of Your Contributions in accordance with the licence does not breach any applicable laws or rights, including any third party intellectual property rights;

(d) you irrevocably and unconditionally consent to any act or omission by the Organisation and by any third party authorised by the Organisation that would otherwise infringe your moral rights (as defined by the Copyright Act 1968 (Cth)) in Your Contributions, including any failure to attribute you as the creator of Your Contributions or Your Contributions in a way that results in derogatory treatment;

(e) you indemnify the Organisation for any loss or liability in connection with Your Contributions; and

(f) the Organisation may delete or hide Your Contributions in its absolute discretion without notice to you.

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8. Security

8.1 You are responsible for ensuring the confidentiality and security of your login details for the Membership Program, and agree not to share your login details with others.

8.2 The Organisation is not responsible for any loss or activity that occurs on your account due to your failure to secure your login details or your failure to maintain up-to-date anti-virus protection or other adequate security measures on your devices.

8.3 You must immediately notify the Organisation in writing at online@womeninmedia.com.au if you become aware of any unauthorised use of your login details or any other breaches of security in connection with the Membership Program.

9. Termination and suspension

9.1 The Organisation may at any time (without prejudice to its other rights or remedies) immediately terminate or suspend your access to the Membership Program in its absolute discretion if you breach any part of this Terms without notice to you.

9.2 The Organisation may terminate this agreement by providing you with notice in writing if in its absolute discretion it decides to cancel or suspend the Membership Program, in which case the Organisation will refund your membership fee on a pro-rata basis.

9.3 You may terminate this agreement by providing us with notice in writing via at online@womeninmedia.com.au if you do not accept a change to these Terms notified by the Organisation in accordance with clause 13 (Amendments to these Terms), in which case the Organisation will refund your membership fee on a pro-rata basis.

10. Limitation of Liability

10.1 Your access to the Membership Benefits is at your sole risk. The Membership Benefits are supplied to you on an “as is” and “as available” basis. To the extent permitted by law, the Organisation, its related bodies corporate, partners and licensors expressly disclaim all warranties and conditions of any kind regarding the Membership Benefits whether express or implied unless expressly set out in these Terms.

10.2 Except for any liability that cannot be excluded by law, the Organisation (including its officers, employees and agents) excludes all liability (including negligence) for any personal injury or death; or any loss or damage (including loss of opportunity or profit); whether direct, indirect, special or consequential, arising in any way out of the Membership Program.

10.3 If any supply under these Terms is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law, nothing contained in these Terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits the Organisation to limit its liability, then the Organisation's liability will be limited to:

(a)in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and

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(b)in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.

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10.4 You acknowledge and agree that the Organisation is not liable or responsible to you in any way for:

(a)your use of the internet to connect to its online services;

(b)any technical problems, system failures or security breaches which are out of the Organisation's reasonable control; or

(c)the hardware that you use to access its online services (including in respect of viruses and malicious software, and any inappropriate material).

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10.5 The content and resources provided by the Organisation as part of the Membership Benefits is provided for your information only and is not intended to be relied upon as advice. You should verify any important information we provide (such as information about health, finances and travel) and seek independent advice suited to your specific circumstances prior to making any decisions.

10.6 The Organisation may from time to time provide links to third party Internet websites and resources ("Third Party Links"). You acknowledge that the Organisation is not responsible for, and has no control over, the content available at the Third Party Links and does not approve of or endorse such content.

11. Disputes

You must use your best endeavours to resolve any dispute with the Organisation arising out of or relating to these Terms, the Organisation's code of conduct or any other applicable policies prior to resorting to any external dispute resolution process. Please notify us in writing at online@womeninmedia.com.au of any dispute you may have.

12. General

12.1 The Terms contain the entire understanding between you and the Organisation in relation to the Membership Program.  Any previous oral and written communications, representations, warranties or commitments are superseded by the Terms and do not affect the interpretation or meaning of the Terms.

12.2 These Terms include the Organisation's Privacy Policy https://www.womeninmedia.com.au/privacy-policy Sentiment Principles https://www.womeninmedia.com.au/sentiment-principles and any other policies referred to, as though those documents were included in these Terms.  If a provision of any of those documents conflicts with these Terms, these Terms have priority.

12.3 If any provision of the Terms is held to be invalid or unenforceable then such provision will be void and severed without affecting the validity and enforceability of the remaining provisions.

12.4 These Terms are governed by the laws of New South Wales and the parties agree to submit to the exclusive jurisdiction of the courts in New South Wales, Australia.

12.5 For the avoidance of doubt, membership of the Membership Program does not entitle you to any rights (including but not limited to voting, attendance and inspection rights) in the Organisation.

13. Amendments to these Terms

13.1 The Organisation can vary these Terms from time to time by notifying you in writing or posting revisions on our website at http://www.womeninmedia.com.au.

You are taken to accept the revised Terms unless you terminate your membership in accordance with clause 9 (Termination and suspension).