© 2024 Umbrella Media

Terms and Conditions

These terms and conditions (the ‘Terms and Conditions’) govern the use of www.umbrellanews.com.au (the ‘Site’). This Site is owned and operated by Umbrella News.

In these terms and conditions, “we” “us” and “our” refers to Umbrella News.  Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.  The information is intended for residents of Australia only.

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended.  We therefore recommend that each time you access our website you read these terms and conditions.

This Site is a news or media website. By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.


Umbrella News Website


Intellectual Property

All content published and made available on our Site is the property of Umbrella News and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Age Restrictions

The minimum age to use our Site is 18 years old. By using this Site, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.

Acceptable Use

As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

  • Harass or mistreat other users of our Site;
  • Violate the rights of other users of our Site;
  • Violate the intellectual property rights of the Site owners or any third party to the Site;
  • Act in any way that could be considered fraudulent; or Post any material that may be deemed inappropriate or offensive.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

Sale of Goods And Services

These Terms and Conditions govern the sale of goods and services available on our Site.

The following goods are available on our Site:

  • Subscriptions.

The following services are available on our Site:

  • Digital Services.

The services will be paid for in full when the services are ordered

These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.

Third Party Goods and Services

Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.

Subscriptions

Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription.

Payments

We accept the following payment methods on our Site:

  • Credit Card;
  • PayPal;
  • Debit;
  • Direct Debit.

When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Refunds

Refunds for Goods

Refund requests must be made within 30 days after receipt of your goods.

We accept refund requests for goods sold on our Site for any of the following reasons:

  • Good is broken; or Good does not match description.

Refunds do not apply to the following goods:

  • If a subscription has been used and requested its refund one day before its renewal period.

Refunds for Services

We provide refunds for services sold on our Site as follows:

  • The services will be fully refunded if the services are cancelled at least 48 hours before the services were scheduled to be provided.

Consumer Protection Law

Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Links to Other Websites

Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.

Limitation of Liability

Umbrella News and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless Umbrella News and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law

These Terms and Conditions are governed by the laws of the State of Victoria.

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details

Please contact us if you have any questions or concerns.


Umbrella News Classifieds

Registered Users

1. In order to access the services provided on this website, you must become a registered user.  You must complete registration by providing certain information as set out on our membership/registration page.  Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.

2. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.

3. On registration, we provide you with a password and username. On registration you agree to pay for our services as set out on our website.  

4. We reserve the right to terminate your registration at any time if you breach these terms and conditions. 

5. Our services are intended to be used by registered users within Australia only.

Our Website Services

6. Our services are provided to adults over the age of eighteen (18) years.  By proceeding to purchase through our website, you acknowledge that you are over 18 years of age. 

7. Our fees are shown in Australian Dollars (AUD) and are inclusive of GST.  We endeavour to ensure that our price list is current and we reserve the right to amend our prices at any time.  If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered. 

Site Access

8. When you visit our website, we give you a limited licence to access and use our information for personal use. 

9. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice.  Your use of our content in any other way infringes our intellectual property rights.

10. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

11. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools.  The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

Hyperlinks

12. This website may from time to time contain hyperlinks to other websites.  Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website.  Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

13. You may link our website without our consent.  Any such linking will be entirely your responsibility and at your expense.  By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

Content you provide

14. You are responsible for all and any Content you contribute to the Service.  When you provide Content you retain ownership of the intellectual property in that information however you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sublicense) to use (including copy, reproduce, adapt, modify, publish, broadcast, transmit, display and distribute) the Content in any and all media including forms not yet developed.   This licence ends when you cease your membership except for Content which has already been released as part of the Service.

15. We reserve the right but will not have an obligation to remove or refuse to distribute any Content.  We also reserve the right to adapt or modify your Content for any reason including for distribution purposes.

16. By posting Content on this website, you provide us with an undertaking that such Content does not infringe the rights of someone else and that it does not violate the law in any other way such as by being defamatory, being of racist content or is threatening.  

17. As a member, you agree to indemnify and hold us harmless from any liability, claim, action, demand, loss, costs including legal costs on a full indemnity basis and expenses arising out of or in connection with any Content you provide.

18. To the extent permitted by law, you release and discharge us from any liability or claim arising out of any loss or damage that may be suffered or incurred as a result of your use of our Service.

Intellectual Property Rights

19. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

20. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

21. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property.  If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use.  Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments. 

22. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright. 

Disclaimers

23. You expressly acknowledge that We do not take part in any transaction between users of this site and We cannot be held responsible for any action or non-action of a user of this Website.

24. Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose. 

25. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.  

26. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

27. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders.  Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material. 

Limitation of Liability

28. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again. 

29. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied. 

30. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.

31. We do not participate in any way in the transactions between our users.

Indemnity

32. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.  

Jurisdiction

33. These terms and conditions are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria and you agree to submit to the jurisdiction of those Courts.

34. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity.  If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy 

35. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us.  Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

36. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page. 


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