Mandarin terms and conditions


Access to and use of the website www.themandarin.com.au and its associated digital properties is provided by Private Media Operations Pty Ltd (ABN 98 101 558 847) “the publisher” on the following terms. Please read the whole of this page carefully. If you do not agree to these terms, you should not obtain information, services or products from this site. The publisher reserves the right to review and modify any of the terms of use at any time. This page should be reviewed periodically so that you are updated on any changes. The publisher welcomes your comments and feedback.

The Mandarin’s terms and conditions for advertisers and content partners can be found here.

Terms of use

1  Introduction

themandarin.com.au (Website) is owned and operated by Private Media Pty Ltd (ACN 102 933 362) (Private Media). In this policy, “us” “we” or “our” means Private Media.

By accessing this Website, you agree to be bound by these Terms and Conditions of Use (Terms of Use). Your access to and use of the Website is subject to these Terms of Use.

2   Paid Subscription Terms

2.1   Mandarin Premium Subscription Service

Private Media offers a subscription service to individuals (Subscribers) who will receive access to certain sections, features and functions of the Website that are not available to non-subscribers.

This clause 2 sets out the terms under which Private Media makes the subscription service available to you.

Subscribers may access content from the Website labeled ‘Premium’ Website in two ways:

(a) Paid Individual Subscription: a subscription fee-based service which gives access to all subscriber services.

(b) Enterprise Subscription: a subscription fee-based service allowing access to a group of individual recipients as determined in an Enterprise Subscription Agreement

2.2   Subscription Types

Monthly

Our “Monthly” subscription is paid in monthly instalments. For each month that your monthly subscription is active, you acknowledge and agree that Private Media is authorised to charge the same credit card or other payment method (Payment Method) as was used for the initial subscription fee in the amount of the then current monthly subscription fee. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until cancelled. You must cancel your subscription by notice in writing to us at least 10 days before it renews each month in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.

Yearly

Our “Yearly” subscriptions are paid for by an upfront one-off payment. You acknowledge and agree that Private Media is authorised to charge the Payment Method used for the initial annual subscription fee at the rate secured at the time of purchase. Your subscription will not be automatically renewed and refunds will not be offered in the event that you wish to cancel your subscription.

Enterprise Subscriptions

Our Enterprise Subscription service is covered by a separate terms of use policy and can be obtained by contacting us via [email protected]

2.3   Registration and security

As part of the subscription registration process, you will select a username and password. You must provide us with accurate, complete and updated registration information. Failure to do so with result in breach of these Terms of Use.

You must ensure that your username and password remain secure and confidential. You are entirely responsible for all use, activities and charges associated with or arising from any use of your username and password, including unauthorised use of your credit card.

If any misuse of your log in details is detected or suspected by Private Media (including the concurrent use of your login details) your subscription may be terminated and you will not be eligible for a refund.

An attempt to login with a username and password that is already in use will disconnect the other user. You must notify Private Media immediately if you become aware of any unauthorised use of your username and password.

Private Media may monitor usage of the Website via your account and may take any action it seems necessary, including termination of your subscription.

2.4   Price

All prices are in Australian Dollars (AUD).

Private Media reserves the right to change the prices at any time. Private Media will provide you with 14 days notice if the subscription fee changes from what was stated at the time of activation.

Price changes will take effect from your next billing date after the notice period. If you do not wish to continue your subscription at the revised subscription fee, you may cancel your subscription before the end of your current direct debit pay cycle.

Your Payment Method must be verified before your subscription can be activated. If your initial payment authorisation is revoked, your subscription will be terminated.

You agree to promptly notify Private Media of any changes to the Payment Method you provided. It is your responsibility to provide valid payment details, and ensure that your payment details are up to date. You can manage these online through: https://www.themandarin.com.au/profile/

3   Website Content

You understand and agree that all material, information and data accessed or used by, or provided to you through the Website (the Website Content) is the intellectual property of Private Media or any relevant third parties from whom Private Media may license that Website Content.

You may not modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Website Content (either in whole or in part) unless you have been specifically told that you may do so by Private Media or by the owners of that Website Content, in a separate agreement.

You understand that by using the Website you may be exposed to Website Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website at your own risk.

4   Intellectual Property

Unless otherwise indicated, all intellectual property in the Website is owned or licensed by Private Media. Subject to these Terms, Private Media grants you a non-exclusive, non-transferable, limited licence (Licence) to view and use information directly accessible through the Website.

You agree that, subject to your use of the Website in accordance with the limited Licence granted to you, you will not infringe Private Media’s intellectual property in the Website and will not modify, copy, republish, frame, distribute or communicate any part of the Website or any information contained in it or otherwise use the Website in a way which will infringe Private Media’s intellectual property or other rights.

Any of the trademarks or logos displayed on the Website may be registered or unregistered marks of Private Media. You may not use these trademarks or logos without the express permission of Private Media. Any unauthorised use of the trademarks or logos is strictly prohibited.

5   User Content

If you upload information or content (User Content) in the course of accessing or using the Website, you agree that such User Content will be available to Private Media to use in any manner it thinks fit, subject to applicable provisions of the Private Media Privacy Policy and any legislation, including, without limitation, the Privacy Act 1988 (Cth). You agree that you will not upload or otherwise provide any User Content which:

  • is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent, degrading;
  • infringes the intellectual or other proprietary interests of third parties;
  • impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services Private Media considers to be inappropriate;
  • contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Website or otherwise breaches or encourages other users to breach these Terms;
  • violates any law, statute or regulation;
  • forges information to disguise the origin of any User Content; and
  • encourages or incites any other person to engage in any of the above behaviour.

You grant Private Media a non-exclusive, worldwide, perpetual, irrevocably, royalty-free, sub-licensable right to exercise the copyright you have in any User. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that User Content in favour of Private Media.

7   Limitation of Liability

You agree that Private Media is not liable to you or anyone else for any loss or damage (including, without limitation, any direct, indirect, special or consequential loss) arising as a result of breach of these Terms, in tort (including negligence) or otherwise arising out of, or in connection with:

(a) the use of the Website;

(b) the use by Private Media of information provided by you to Private Media through the Website;

(c) being unable to access the Website for whatever reason and however arising, including (without limitation) negligence; and

(d) the use of your Website password by you or any third party to whom you have made the password available.

Subject to the Competition and Consumer Act 2010 (Cth), Private Media expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Private Media’s sole discretion):

(e) in the case of goods, any one or more of the following:

(i) the replacement of the goods or supply of equivalent goods;

(ii) the repair of the goods;

(iii) the payment of the costs of replacing the goods or acquiring equivalent goods; or

(iv) the payment of the costs of having the goods repaired.

(f) in the case of services:

(i) the supply of the services again; or

(ii) the payment of the cost of having the services supplied again.

8   Indemnity

You indemnify Private Media against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by Private Media, arising from, or which is directly or indirectly, related to:

(a) your breach or non-observance of any term of these Terms; or

(b) any breach or inaccuracy in any representations or warranties made to Private Media.

9   Suspension or termination of access

Private Media reserves the right to deny you access to, or use of, all or part of the Website, without prior notice, if you engage in any conduct that Private Media believes, in its sole discretion violates any provision of these Terms of Use, violates the rights of Private Media or third parties or is otherwise inappropriate.

10   Links

This Website, including eNewsletters, may contain links to third party websites. The inclusion of a link does not imply that Private Media has endorsed or verified the linked websites. Private Media makes no warranty or representation concerning these links or the linked websites and you enter any third party websites at your own risk. It is your responsibility to review any terms of use or privacy policies relevant to such websites.

The Website, including e-Newsletters, may feature or display third party advertising. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither Private Media, nor its officers, employees, agents or related bodies corporate recommend or endorse the goods or services that may be advertised on the Website, nor do they offer the goods or services for sale of make any other representation whatsoever about them. If you choose to order a product or service advertised by a third party on the Website, you do so at your own risk.

11   Competitions

Private Media may from time to time run competitions or other promotions on this Website. These will be subject to additional terms and conditions that will be made known to you at the relevant time.

12   Privacy Policy

We are committed to protecting your personal information and meeting the Australian Privacy Principals contained in the Privacy Act 1988 (Cth) (the Act) as amended from time to time. The Private Media Privacy Policy can be viewed here.

13   General

Private Media reserves the right to amend these Terms of Use at any time without notice to you. Your continued use of the Website after such change constitutes an agreement by you to abide by the Terms of Use, as amended.

If any of these Terms of Use are invalid or unenforceable, they may be struck out and the remaining Terms of Use will continue to be of full force and effect.

No waiver of any breach of these Terms will be construed as a waiver of any other breach of these Terms.

These Terms are governed by the laws of the State of Victoria, Australia and any claim made by either party against the other which in any way arises out of the Terms will be heard in Victoria and you agree to submit the jurisdiction of those courts.

Using and disclosing your personal information

Your personal information is confidential. The publisher’s purpose in collecting information about you is to provide you with a better website experience with content and advertising that is more relevant to your interests. The Mandarin will not use or disclose any information about you without your consent, unless:

  • Required by law;
  • To implement our terms of service;
  • To protect the rights, property or personal safety of another The Mandarin user, any member of the public or The Mandarin; or
  • The assets and operations of the business are transferred to another party as a going concern.

In seeking to give you the most worthwhile experience of our website possible, The Mandarin may use your personal information to send you information and product updates about products or services which you have requested. When you provide your personal information to us, The Mandarin may give you the choice as to whether or not you wish to receive further information about “special offers via email from related companies” or from third-party suppliers. If you indicate that you do not wish to receive these, we will not contact you further for these purposes. Please allow 28 days for your request to be processed.

We will not ‘spam’ you

We will comply with our obligations under the Spam Act 2003 (Cth), and may contact you at the email or other address which you provide to us in order to provide you with news alerts and other information which you sign up to receive from us. Where you have signed up for an email with a regular publishing schedule, such as the The Mandarin daily email, we reserve the right to send you multiple editions in a day in the event of major or special breaking news; provide you with updated information about our website; or provide you with other information about our products and services which you may enjoy such as partner site announcements, invites to The Mandarin webinars, short courses, e-books or to partake in surveys.

If you wish to stop receiving alert emails from us, you can unsubscribe by clicking the “change subscription preferences” link or “unsubscribe from the list” link at the bottom of all emails sent from The Mandarin or by contacting us at [email protected].

Privacy

Our privacy policy can be found here.

General disclaimers

Use of the email and the website is at your risk. None of the publishers’ affiliates or directors, officers, employees, agents, contributors, third-party content providers or licensors makes any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with the email or the website, its use, its content or any products or services (including the publishers’ products or services) referred to in the email or on the website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  • Reliance on the completeness, accuracy, suitability or currency of the email or the website or their content (including third-party material and advertisements on the email or the website), irrespective of any verifying measures taken by us;
  • Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
  • Accessing any sites or servers maintained by other organisations through links on the email or the website;
  • Links are provided for the convenience of users of the email and the website only and without responsibility for the content or operation of those sites: unless otherwise stated, linked sites and their products and services are not endorsed by the publishers and your linking to any such site is at your own risk;
  • The provision of credit card or other financial information, the failure to complete (or delay in completing) any transaction, or other loss or damage arising from any e-commerce transacted or attempted to be transacted on the website;
  • Defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct; or
  • A breach by the publishers of their privacy policy (other than a wilful breach).

Continued site availability and access

The publisher does not warrant that it will continue to make the online magazine available generally, or at all, and reserves the right at any time to impose or increase fees for future access to any material appearing in the email or on the website. The right is reserved to alter the email or the website at any time, even if it changes the equipment needed to access or use the email or the website or any part of it.

Limitation of liability (if any)

The publisher’s total liability to you (if any) for loss, damage or reliance shall be limited to the re-supply of the information or services or payment of the amount paid by you (if any) for accessing the email or the website.

Indemnity

You indemnify the publisher, the publisher’s affiliates, employees, agents, contributors, third-party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or by us as a direct or indirect consequence of your accessing, using or transacting on this site or your attempts to do so and any breach by you or your agents of these terms.

Copyright and intellectual property

The material on this website is protected by copyright under the Australian Copyright Act 1968, and through international treaties, in other countries. Copyright in articles and images appearing on www.themandarin.com.au remains with each third-party contributor.

Otherwise all rights (including copyright) in the content and compilation of these web pages are owned or controlled for these purposes, and are reserved, by the publisher:

Private Media Operations Pty Ltd (ABN 98 101 558 847)
Level 7, 22 William Street
Melbourne Vic 3000
Telephone: (03) 8623 9999
Facsimile: (03) 8623 9975
Email: [email protected]

You are authorised to download and view content for your own personal, non-commercial use but you must not, without the prior written permission of the publisher, exploit any of our site materials for commercial purposes. And except as permitted under the act (for example for the services of the Crown or in reliance on one of the fair dealing exceptions, ie. fair dealing for the purposes of research or study) no part of this website may be reproduced, stored in a retrieval system, communicated or transmitted in any form or by any means without prior written permission.

The act allows 10% of the number of words on this website to be reproduced and/or communicated by any educational institution for its educational purposes provided that the educational institution (or the body that administers it) has given a remuneration notice to Copyright Agency Limited under the Act. For details of the CAL licence for educational institutions contact:

Copyright Agency Limited
Level 15, 233 Castlereagh Street
Sydney NSW 2000
Telephone: (02) 9394 7600
Facsimile: (02) 9394 7601
Email: [email protected]

Trademarks

The Mandarin logo (whether registered or otherwise) may not be used without the prior, specific, written permission of the publishers.

Links to The Mandarin

You are welcome to create links from your website to www.themandarin.com.au. However, you must not use The Mandarin logos for this purpose unless you have the permission of the publishers.

Commenting guidelines

The Mandarin is a publication dedicated to helping public servants manage Australia better. We welcome respectful debate and conversation around our stories and in order to facilitate a community that keeps conversation professional, considered, tasteful and on topic we have some guidelines for our commenting system. We are committed to publishing comments quickly on our site in the interest of promoting a professional and respectful conversation. We ask in return that our readers behave respectfully to our commenting moderation.

We encourage readers to engage in thoughtful discussion but not to use that opportunity to abuse another person or groups. This includes deliberately antagonising other commenters, insulting authors or directing hatred toward public figures. The Mandarin reserves the right to choose which comments we deem to be appropriate to be posted and discussed, and which are not. We reserve the right to edit or delete any comments submitted to the website, particularly those which are offensive, make personal attacks on another reader or could expose us to legal action. If you believe you have read an inappropriate or offensive comment please contact us.

We do not guarantee that any comment submitted by any reader will appear or remain on the The Mandarin website. We reserve the right at any time to restrict access to comments for users with a history of inappropriate behaviour, and the right to close conversations which descend into inappropriate discussion. Opinions expressed in comments published on The Mandarin should not in any way be interpreted as a reflection or endorsement of the The Mandarin editorial team. They are the opinion of the author of the comment and not the wider organisation.

Please help us to keep the The Mandarin community respectful and appropriate. We prefer not to have to edit or delete comments on our website, so please help us uphold this code of conduct so we don’t have to.

General provisions

These terms of use are governed by the laws of Victoria, Australia. If any part of these terms of use is found to be invalid or unenforceable, it shall be severed without affecting the remainder.

These Terms were last updated on 24 July 2019.

For further information on using this site, please contact:

Private Media

Level 6, 22 William St,

Melbourne VIC 3000

Ph: 1800 985 502

Fax: (03) 8623 9975