Terms Of Use

TERMS & CONDITIONS

The terms and conditions set out below (“Terms and Conditions”) govern your use of the mediaplanet.tv website (“Site”). By using the Site, you must accept and abide by the Terms and Conditions. If you do not accept the Terms and Conditions, you are not permitted to use the Site and you must refrain from using it.

The site is owned and/or operated by Media Planet Pty Limited ABN 96 608 363 284 (“Media Planet”) of Level 2, Building 208, The Entertainment Quarter, 122 Lang Road, Moore Park, NSW 2021.

If you have any complaints or questions regarding the Site or the Terms and Conditions then please contact us here.

Media Planet reserves the right to make changes to the Terms and Conditions which will be effective once they are published on the Site. You should revisit this area of the Site regularly to check the Terms and Conditions.

USE OF THE SITE BY YOU

You agree to only use the Site to view and access its Content for personal use and only as permitted by the Terms and Conditions. You are responsible for all equipment and software used to access the Site.

You must not:

use the Site directly or indirectly for any activity which breaches any laws, infringes a third party’s rights, is unlawful, or breaches the Terms and Conditions;

use the Site directly or indirectly in a manner which is false, misleading or deceptive in any way;

attempt to gain unauthorised access to the Site or use another person’s name, registration account or password;

create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message;

tamper with, hinder the operation of or make unauthorised modifications to the Site; or

knowingly transmit any virus or other disabling feature to the Site.

DISCLAIMER

To the extent permitted by law, Media Planet, the Media Planet Pty Limited and its information contributors and associated service providers exclude all warranties, including without limitation, as to the to the availability, accuracy, completeness, currency or reliability of the information or services, including services of any third party, that are made available via or referred to on the Site.

The Media Planet Pty Limited does not investigate or endorse any agency or private users who advertise or use the Site. The availability of information through the Site does not constitute advice about the appropriateness, value or suitability of any particular transaction or course of action nor does it constitute any recommendation or endorsement by Media Planet to you to enter into any contract, transaction or follow any course of action. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all Content provided through the Site or on the Internet generally.

In no event will Media Planet or any member of the Media Planet Pty Limited (or their respective officers, employees, agents or advisers) be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any Content contained on or omitted from the Site, including any Content that is incomplete or superseded.

The Site and Content available on it are provided on an “as is” basis and are summaries and Media Planet reserves the right to change, add or remove any Content on the Site without notice. Media Planet makes no warranty that the Site will be free from viruses or any kind of malicious code whatsoever.

To the extent permitted by law, all implied warranties, conditions and representations about or in relation to:

the Site;

information, documents, software, text, graphics and other material displayed or available or contained on the Site (“Content”);

the goods, services or products made available through or referred to on the Site;

the availability of the Site; and

your use of the Site,

are excluded.

LIMITATION OF LIABILITY

If a term is implied by law into the Terms and Conditions and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in the Terms and Conditions. However, Media Planet’s liability for breach of such term will, to the extent permitted by law, be limited, at Media Planet’s option, to:

in relation to goods, at Media Planet’s option:

repair and return of goods to you;

refund to you of the cost of replacing the goods or of acquiring equivalent goods; or

if the product is still available, replacement of the goods with equivalent goods; or

in relation to services, at Media Planet’s option:

supply of the services again; or

refund to you of the cost of having the services supplied again

To the extent permitted by law , Media Planet and the Media Planet Pty Limited (and their respective affiliates, officers, employees, agents, representatives and third party service providers) exclude all liabilities (including in contract, for negligence under statute or otherwise) for any loss, consequential loss, damage, costs or expenses suffered by you or claims made against you in connection with (however caused):

your use of the Site and the Content (including superseded or incomplete Content);

any lack of availability, interruption, delay in operation, virus, internet access difficulties, or equipment malfunction in relation to the Site;

any failure to provide the Site; or

any goods or services identified, supplied, offered or advertised on or through the Site.

LINKED SITES

The Site may contain links to external sites. Those sites are not part of the Site and, unless otherwise indicated, are not under Media Planet’s control. No link appearing in the Site and no external site linked to the Site is endorsed by Media Planet and no responsibility is taken for material on them. You agree that by accessing any linked site you are doing so at your own risk and you agree to fully indemnify Media Planet against any liability arising out of your accessing any linked site.

ACCURACY OF REGISTRATION INFORMATION

Where registering on the Site is permitted, you must ensure that all information you provide is correct and up-to-date. If you change your details you agree to ensure your details are updated.

USERNAME AND PASSWORD

It is your responsibility to keep any login or password you are provided with (if any) safe and secure. If there is any activity undertaken with your login details then you are responsible. If you think that your details may have been used by someone else then you must notify Media Planet as soon as possible. You must also change your password immediately. You agree to indemnify Media Planet against any and all claims arising out of your failure to maintain the confidentiality of your username and password.

WEBSITE PAYMENTS

If any credit card payments are made on the Site, those payments are processed by an independent third party service provider. You consent to disclosure of relevant information about you to that provider on a confidential basis. If you wish to obtain further information about the provider, then contact Media Planet in accordance with the Privacy Statement.

To the extent permitted by law, Media Planet excludes all liability in relation to those payments and the services provided by that third party.

PLACEMENT AND REMOVAL OF CONTENT ON THE SITE

Media Planet is not required to publish any Content by these Terms and Conditions and reserves the right to decline to publish, or where already published, to remove any Content that Media Planet considers in Media Planet’s absolute discretion is inappropriate for the Site for any reason.

INTELLECTUAL PROPERTY

You acknowledge that copyright, trade marks and all other intellectual property rights (“IP Rights”) in the Site and in the Content belongs to Media Planet (or the Media Planet Pty Limited or a licensor of Media Planet or the Media Planet Pty Limited) and that Media Planet will have all IP Rights in any Content developed by it or its contractors (whether commissioned by you or otherwise) in connection with your use of the Site. To the extent you provide text, graphics or other material to Media Planet that is not new Content you grant Media Planet a perpetual, royalty-free, non-exclusive, irrevocable, world-wide licence to use, exploit and sub-licence such Content world-wide.

You are provided access to the Site only for your personal use. Subject to applicable laws:

unauthorised use of the Content is strictly prohibited and may infringe Media Planet’s IP Rights in the Content; and

no Content may be reproduced, published or transmitted in any manner without the prior written consent of Media Planet.

Without limiting the above, and subject to applicable law, you may not without prior written permission from Media Planet:

archive the Content or any part of it;

form a database whether electronically or otherwise by systematically downloading or storing all or any of the Content;

adapt, vary, modify, redistribute or republish the Content (in whole or part); or

link to the Site including (without limitation) linking in any way which:

frames the Site;

replicates the Site; or

misleads any person regarding any association with the Site or any association with Media Planet (whether implicitly or expressly).

The trade marks used on the Site are Media Planet’s trade marks or the trade marks of a third party. Nothing on the Site should be construed as granting any licence to use any trade mark without the permission of the owner.

You must not use any of Media Planet’s trade marks:

as or as part of your trade marks;

in connection with goods or services which are not the goods or services of Media Planet;

in a manner that may be confusing, misleading or deceptive; or

in a manner that disparages Media Planet, their information or services or the Site.

TECHNICAL DIFFICULTIES

You acknowledge that your use of the Site and associated services may be subject to interruption or delay. Due to the nature of the internet and mobile phone communications, Media Planet, the Media Planet Pty Limited and their service providers do not make any warranty that the Site or services will be error free, without interruption or delay or free from defects in design or engineering.

The compatibility of this Site is not guaranteed for all software or hardware of users.

INDEMNITY

To the maximum extent permitted by law, you specifically agree to indemnify and hold Media Planet, the Media Planet Pty Limited and each of their respective affiliates, officers, employees, agents, representatives and third party service providers, harmless from any and all claims and liabilities resulting from your breach of these Terms and Conditions or relating to your use of the Site or its use by any person on your behalf. For the purposes of this paragraph Site includes any linked sites. Media Planet holds the benefit of this Indemnity and all other rights under this Agreement as trustee for each person named as benefiting from it.

PRIVACY

You acknowledge that you have read and understood the terms of the Privacy Statement that are located on the Site. You agree that Media Planet may use and disclose information about you in accordance with the terms of the Privacy Statement (including to advertisers and between Media Planet Pty Limited entities). You also agree to check the Privacy Statement on a regular basis and to let Media Planet Online know if you object to use or disclosure of information about you in accordance with any updated statement.

If you make contact with a person through the Site and that person requests that you do not contact them again, you must comply with that request. You must not disclose the contact details of any person that you obtain through the Site without the prior consent of that person.

While Media Planet takes all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on Media Planet’s systems or on the Site. Media Planet disclaims all liability to you to the greatest extent possible pursuant to law should this occur.

SEVERABILITY

The illegality, invalidity or unenforceability of any part of the Terms and Conditions will not affect the legality, validity or enforceability of the remainder.

TERMINATION

If Media Planet reasonably believes that you have not complied with these Terms and Conditions your access to the Site may be suspended, limited or cancelled immediately.

Media Planet reserves the right to disable your access to the Site for any breaches of the Terms and Conditions without the need to provide reasons.

WAIVER

Failure or neglect by Media Planet to enforce any of these Terms and Conditions shall not be construed or deemed to be a waiver of the rights of Media Planet or the Media Planet Pty Limited.

LAW

These Terms and Conditions are governed by, and construed in accordance with the law in force in New South Wales. The parties submit to the non-exclusive jurisdiction of the court exercising jurisdiction in New South Wales, and any court that may hear appeals from any of those courts, for any proceedings in connection with these Terms and Conditions.