These terms and conditions apply to your use of this Website.
You should make your own independent inquiries and assessments with respect to any information or materials you obtain from this Website, and obtain independent professional advice.
The provision of information and materials through this Website does not constitute a recommendation or endorsement by us with respect to any employer, recruiter, job or applicant registered or advertised on this Website.
1. Prohibited Use
You must not:
(a) use or access the Website, or any content or material available on it, in any unlawful way or for any illegal purpose;
(b) post, or attempt to post, any unlawful, offensive, abusive, obscene, vulgar, sexually explicit, defamatory, discriminatory, racist, sexist, hateful or threatening material on the Website;
(c) sell or commercialise any information obtained from any part of the Website;
(d) knowingly transmit any virus, worm or other disabling feature to or via the Website; or
(e) data mine, “scrape”, or conduct automated searches of the Website or any content or material available on the Website, or use any aggregating software in connection with the Website.
2. Termination, Suspension or Discontinuance of your use
(a) We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our site (or any part thereof) with or without notice.
(b) Subject to the statutory guarantees you agree that the SchwartzWilliams and Recon Oz shall not be liable to you or any third party for any such modification, suspension or discontinuance of our site.
(c) In addition, we reserve the right to terminate your access to our site for any reason, and to take any other actions that SchwartzWilliams and Recon Oz, in its sole discretion, believes to be in the interest of our company and of our users as a whole.
3. Reliance upon and use of information
(a) We do not assume any duty of care in relation to this Website, or any information or material accessible from it.
(b) None of information provided on the Website, or in respect of any Services, is in the nature of advice.
(c) We do not make any representations or warranties with respect to this Website, including, without limitation:
(i) that any information provided is complete, accurate, verified, audited, adequate, reliable, up-to-date or suitable for any particular purpose, or that reasonable care has been taken in compiling, preparing and posting such information and material;
(ii) that your access to the Website will be uninterrupted or timely; or
(iii) with respect to non-infringement of any third party intellectual property rights.
(d) We are not liable for any direct, indirect loss or Consequential Loss resulting from any action taken or reliance made by you on any information, content or material on the Website, or your use of the Website.
(e) Your use of any materials or information provided on the Website is entirely at your own risk.
4. Intellectual Property
(a) Copyright in the Website (including text, graphics, photographs, logos, icons, sound recordings and software) may be owned or licensed by us or third parties. Subject to the exceptions prescribed under the Copyright Act 1968 (Cth) and similar legislation which may apply in your jurisdiction, and except as expressly authorised by these terms and conditions, you must not adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website or any material downloaded from the Website.
(b) The trade mark “Recon Daily” is our property.
(c) You must not use any of our trade marks without our written permission.
(d) Without limitation, you agree that you will not use any of our trade marks:
(i) in or as the whole or part of your own trade marks or domain names;
(ii) on your website or in any marketing or promotional materials; or
(iii) in connection with any activities, products or services that are not ours.
(e) Copyright and other intellectual property rights in some of the Website content is owned by and will remain the sole property of third party content providers, including but not limited to real estate agents, employers, advertisers, job applicants, health care workers, and owners of Linked Websites. You must not use any content or material available as a result of your access to the Website in any way that infringes any third party intellectual property rights.
4.2 Intellectual Property of content submitted to us
(a) By posting or submitting content on or to our site (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving us, and our affiliates, agents and third party contractors the right to display or publish such content on our site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes.
(a) Without limiting the generality of the foregoing, with respect to any video, written, audio, photographic or other submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, compile, re-edit, adapt or modify your submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video, written, audio, photographic or other submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
(b) You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that:
(i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these terms of service; and
(ii) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these terms of service.
(c) In furtherance of the foregoing and without limitation, you agree that you will not:
(i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein;
(ii) publish falsehoods or misrepresentations that could damage us or any third party;
(iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or
(iv) post advertisements or solicitations of business. We reserve the right to remove or not publish submissions without prior notice. You understand that when you submit content in any form to SchwartzWilliams and Recon Oz we may authorize such content to be distributed or syndicated to or published on other SchwartzWilliams and Recon Oz branded environments.
5. Linked Websites
(a) The Website may contain links to third party websites (Linked Websites). The content of Linked Websites may not be current or be maintained. We are not responsible for the content or privacy practices of any Linked Websites and do not control or guarantee the accuracy, relevance, timeliness or completeness of information on any Linked Websites.
(b) We do not make any representations or warranties that any information on Linked Websites is reliable, up-to-date, accurate, complete or suitable for any particular purpose or that your access to Linked Websites will be uninterrupted, timely or secure.
(c) We do not make any representations or warranties with respect to Linked Websites being free from computer viruses, or non-infringement of third party intellectual property rights subsisting in any content or material posted on Linked Websites.
(d) Our links to Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, materials, products or services referred to or contained on Linked Websites.
(e) You must not without our written permission:
(i) create any links to this Website; or
(ii) indicate that this Website or “Recon Oz” is associated or affiliated with any other website or business.
6. Content Contributors
(a) We are an internet service provider we are not responsible for and do not necessarily hold the opinions expressed by our content contributors: opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone, not opinions of the SchwartzWilliams and Recon Oz. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed.
(b) You acknowledge that by providing you with the ability to view and distribute content through our site, the SchwartzWilliams and Recon Oz is not undertaking any obligation or liability relating to the content.
(c) SchwartzWilliams, Recon Oz and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our site for inappropriate or unlawful content.
(d) SchwartzWilliams, Recon Oz and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.
(e) Notwithstanding the foregoing, SchwartzWilliams and Recon Oz reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
7. Violation of Our Terms
(a) You agree to indemnify and hold harmless SchwartzWilliams, Recon Oz and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation by you of these terms of service or any breach by you of your representations and warranties hereunder.
(b) We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
8. Information Disclosure on Court Order
(a) You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
9. Our Liability to You
(a) Subject to the statutory guarantees, SchwartzWilliams, Recon Oz and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our site (including, without limitation, as a result of breach of any warranty or other term of these terms of service). Subject to the statutory guarantees, any claim against us shall be limited to the amount you paid, if any, for use of our site.
We may vary these terms and conditions at any time without providing you with notice. Changes will be effective immediately upon publication on the Website.
(c) You must not use the Website, or any contact information obtained from the Website, to send any unsolicited commercial or bulk electronic messages.
12. Security of information
(a) Whilst we strive to protect your information, we do not warrant and cannot ensure the security of any information which you transmit to us, or that this Website or any communications you receive through this Website is free from viruses, worms or other harmful code.
(b) Any information which you transmit to us, or via the Website, is transmitted at your own risk.
(a) Subject to any liability we may have under the ACL which cannot be excluded, we do not accept responsibility for any direct loss, indirect loss, Consequential Loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with:
(i) your use of this Website;
(ii) any Linked Websites;
(iii) your use or reliance on information or materials contained on or accessed through this Website; or
(iv) any of our Services.
(b) With the exception of the consumer guarantees provided by the ACL, any condition or warranty which could otherwise be implied in connection with our Services, or this Website, is excluded.
(c) Subject to any liability we may have under the ACL which cannot be excluded, where any of our Services are NOT acquired for personal, domestic or household use or consumption, any liability we do have for any personal injury, death, direct loss, indirect loss, Consequential Loss or other damage, however caused (including through misrepresentation or negligence) which you may incur or suffer in connection with the Services is limited to (at our election) one or more of the following:
(i) replacement of the relevant Services, or the supply of equivalent Services; or
(ii) the payment of the cost of replacing the relevant Services, or of acquiring equivalent Services.
(d) Nothing in these terms and conditions excludes any guarantees or liability arising under the ACL, or any other statute or law, if and to the extent that liability cannot be lawfully excluded.
14. No interference
(a) You must not, and you must not permit any other person to:
(i) violate or attempt to violate any aspect of the security of the Website.
(ii) modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of the Website, or any software used on the Website.
(b) You understand that any such violation is unlawful in many jurisdictions and that contravention of law may result in criminal prosecution. Examples of violations include:
(i) accessing data unlawfully or without consent;
(ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
(iii) attempting to interfere with service to any user, host or network, including without limitation, via means of overloading, "flooding", "mail bombing" or "crashing"; and
(iv) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
(a) If any of these terms and conditions are illegal, void or unenforceable in a jurisdiction, they will, as to that jurisdiction, be ineffective to the extent of the illegality, voidability or unenforceability, but without invalidating the remaining terms and conditions, or affecting the validity or enforceability of that provision in another jurisdiction.
(b) If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on another occasion.
16. Governing Law
(a) We are an Australian news media portal and we make no representations that the content and materials on the Website are appropriate for use in locations outside of Australia.
(b) These terms and conditions and your use of the Website are governed by the laws in force in Victoria, Australia. By using the Website, you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
(c) The caption to each section of these terms of service are for convenience of reference only and shall be ignored in the construction or interpretation hereof.
ACL means the Australian Consumer Law as contained in the Competition and Consumer Act 2010 (Cth).
Associate has the meaning given in the Corporations Act 2001 (Cth).
Associated Entities means any one or more of SchwartzWilliams Pty Ltd ACN 601 487 414, SchwartzWilliams No. 1 Pty Ltd ACN 601 487 512, SchwartzWilliams No. 2 Pty Ltd ACN 602 184 412, Dog No. 7 Pty Ltd ACN 144 646 159, Schwa Pty Ltd ACN 054 593 501, Schwartz Media Pty Ltd ACN 138 337 023, SchwartzWilliams Japan Pty Ltd ACN 602 184 485, Million Plus Pty Ltd ACN 122 282 599 and their Related Bodies Corporate and Associates.
Consequential Loss includes, without limitation:
(a) loss of profits;
(b) loss of revenue;
(e) loss of data;
(f) lost production;
(g) loss of business;
(h) loss of the benefit of any contract or other agreement or arrangement;
(i) losses which do not arise naturally from a breach of contract in the usual course;
(j) death or personal injury;
(k) damage to health;
(l) damage to reputation; and
(m) legal costs.
Linked Websites has the meaning given to that term in clause 4 of these terms and conditions.
Related Body Corporate has the meaning given in the Corporations Act 2001 (Cth).
Services mean any services or goods offered for sale by us, or supplied or promoted by us.
We, us and our are references to SchwartzWilliams Pty Ltd ACN 601 487 414 (SchwartzWilliams) and (Recon Oz) trading as “Recon Oz”, and any Associated Entities of that company, and each of them severally.
Website means the website at www.recondaily.com.au
You and your are references to either a user of the Website, or a user or prospective user of our Services, as applicable in the relevant circumstances.