Terms of Use

Thefifthestate.com.au (TFE) website is owned and operated by The Fifth Estate Pty Ltd. TFE website include information and data provided by TFE Pty Ltd and a number of third parties (Content Providers). These terms of use, together with any other additional terms, conditions, notices and disclaimers contained elsewhere on the TFE site, form the terms and conditions of supply of material on, use of and access to the TFE site.

If you use the TFE site, you agree to be bound by these terms. TFE reserves the right to change these terms by posting changes online. It is your responsibility to check the terms regularly. Your continued use of the TFE site after any changes are made to these terms constitutes an acknowledgement and agreement by you that you accept and agree to be bound by the terms and any changes made to them.

Should you object to any of these conditions or any subsequent modifications your only recourse is to immediately discontinue your use of the TFE site.

ACCURACY OF INFORMATION

All material on the TFE site is provided in good faith and is derived from sources believed to be accurate and current as at the date of publication. Your use of the TFE site is at your own sole risk. Access to the TFE site is provided on an “as available” basis. Unless expressly stated otherwise, neither TFE nor its related bodies corporate, its or their directors or employees or any Content Provider (collectively, the “Protected Parties”) makes any representation or warranty that any material on any of the TFE site will be reliable, accurate or complete or that your access to any of the TFE site will be uninterrupted, timely or secure.

Neither TFE nor any of the Protected Parties will be liable for any damage or loss resulting from any errors in or omissions from the material on the TFE site, nor any action or decision by you in reliance on the material on the TFE site, nor any interruption, delay in operation or transmission, virus, communications failure, internet access difficulties, or malfunction in equipment or software. TFE reserves the right at any time without prior notice to change or discontinue any feature of the TFE site and to change the presentation or substance of the material on the TFE site if required to do so by reasons outside its control or if the material is changed or ceases to be provided for any reason by a Content Provider.

GENERAL INFORMATION – NON ADVISORY

The material on the TFE site provides general information only. It is not intended as advice and must not be relied upon as such. The material has not been prepared by taking into account the investment objectives, financial situation or needs of any individual investors. You should make your own inquiries and if necessary take independent advice tailored to your specific circumstances before making any decisions. None of the material on the TFE sites constitutes, and must not be construed as, an offer of securities or other financial products. Nor is it an invitation or recommendation to you to deal in securities or other financial products.

COPYRIGHT AND INTELLECTUAL PROPERTY

The material on the TFE site is copyright protected and in some cases is published by TFE under licence. Except for the temporary copy held in the computer’s cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, distributed, sold or resold, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part or otherwise disseminated to others (except where such use constitutes fair dealing under the Copyright Act 1968 (Cth) without the prior written approval of TFE or the appropriate Content Provider or other supplier or licensor of TFE.

TFE’s logo and the masthead of the TFE e-newsletter or any other publication undertaken by TFE belong to TFE and its related bodies corporate. Other trademarks and logos may be displayed on the TFE site from time to time. These may belong to a Content Provider or other third party. Nothing displayed on the TFE site should be construed as granting any licence or right of use of any logo, masthead or trademark displayed, without the express written permission of the relevant owner.

THIRD PARTY LINKS AND ADVERTISING

Hyperlinks and pointers to websites operated by third parties will appear on the TFE site from time to time. These websites do not form part of the TFE site and are not under the control of TFE or its related bodies corporate and neither TFE nor its related bodies corporate have any responsibility for the content of any such hyperlink or linked website. If you link to any such websites, you leave the TFE website and do so entirely at your own risk. The TFE site displays third party advertisements, which may or may not contain hyperlinks or referral buttons to websites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by TFE or its related bodies corporate of the relevant advertiser, its products or services or any such linked website. If you contact a third party using functionality provided on the TFE site, including via e-mail, TFE accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.

YOUR USE OF TFE SITE

Without limiting any other provision of these terms and conditions, you may not use or permit the use of any part of the material on the TFE site:

  • To establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, internet site or other means of distribution; or
  • Other than for your own personal use or in the ordinary course of your own business (which shall not include the dissemination of the material to third parties);
  • To establish, maintain or provide, or assist in establishing, maintaining or providing a financial market (other than one authorised by law) for trading in securities or other financial products; or
  • For any illegal purpose.

You agree to abide by all applicable laws and regulations in accessing and using the TFE site and the material on it.

You agree to indemnify TFE and the Protected Parties against any losses, liabilities, damages, costs or expenses suffered or incurred by them in connection with any breach of these terms and conditions or any other legal obligation by you or your use of or conduct on the TFE site. TFE has no obligation to you to monitor your use of the
TFE site. However, TFE retains the right at all times to monitor, retain and disclose any information relating to your use of the TFE site as necessary to satisfy any applicable law, regulation, legal process, governmental request or legal obligation.

DISCLOSURE OF BENEFITS

Reports and newsletters offered for sale or subscription by a Content Provider may from time to time be referred to or advertised on the TFE site. TFE or its related bodies corporate may receive a referral commission based on sales or subscriptions of such reports and newsletters taken up by users of the TFE site. Fairfax has entered into agreements with Content Providers under which it pays a fee for the information and data provided by the Content Providers. Except as outlined above, TFE does not receive any commissions or other benefits from Content Providers based on the material you access or use on the TFE site.

TFE and its related bodies corporate do not exclude any rights or remedies available to you under the Trade Practices Act 1974 (Cth) or any similar State or Territory legislation that cannot be excluded, restricted or modified. Otherwise, all conditions and warranties in respect of the TFE site and the material on it that may be implied by law are excluded. To the extent TFE supplies goods or services which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, its liability for breach of any implied warranty or condition which cannot be excluded is restricted, at TFE’s option, to:

1. In the case of services supplied or offered by TFE, the re-supply of those services or the payment of the cost of having those services re-supplied; and
2. In the case of goods supplied or offered by TFE, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or the payment of the cost of having the goods repaired.

Subject to the above qualifications, you expressly agree that in no circumstances will TFE or the Protected Parties be liable to you for any damage or loss (including, but not limited to, any indirect or consequential loss or any loss of profits or revenues whatsoever) however caused (including, but not limited to, by the negligence of TFEor a Protected Party) suffered or incurred by you in connection with your use of the TFE site.

GENERAL

In entering into this agreement with you and obtaining the benefit of any exclusion of liability, disclaimer or indemnity, TFE acts on its own behalf and as trustee for each of the Protected Parties. Where specific provisions of these terms and conditions relate to a particular Content Provider, they are not intended to limit or otherwise affect the application of other general provisions to TFE or other Content Providers. These terms and all other additional terms which govern your use and access to the TFE site will be governed by and construed in accordance with the laws of New South Wales, Australia.

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