Section 1. Use of Material.
You must be over eighteen years of age to access the Site. If you are over eighteen, the Echo authorises you to view and download a single copy of the material on the Site solely for your personal, non-commercial use. Special rules may apply to the use of certain software and other items provided on the Site. Any such special rules are listed as ‘Legal Notices’ on this Site and are incorporated into this Agreement by reference.
The contents of this Site, such as text, graphics, images, audio, video and all other material (‘Material’), are protected by copyright under both Australian and foreign laws, and are owned or controlled by the Company or by third parties that have licensed their Material to the Company. Unauthorised use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Site or in a networked computer environment for any purpose is prohibited, without the express written permission of the Company. The trademarks, logos and service marks (the ‘Marks’) displayed on the Site are owned by the Company. You are prohibited from use of those Marks without the express, written permission of the Company or such third party. If you would like information about obtaining the Company’s permission to use the Material on your Site, please email us. If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
Section 2. Company’s Liability
The Material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Site and the Material. You expressly agree that any use of the Site and the Material is solely at your own risk. Changes are periodically made to the Site and may be made at any time. Some Material on the Site is provided by third parties. You expressly agree that the Company is not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties.
THE COMPANY DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE AND MATERIAL ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. THE COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Section 3. Disclaimer of Certain Damages.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 4. User Submissions.
Generally, any communication which you post to the Site (whether in chat rooms, on message boards, submissions, comments or otherwise) is considered to be non-confidential. If particular Web pages permit the submission of communications which will be treated by the Company as confidential, that fact will be stated on those pages.
The Site includes forums and other interactive functions which allow feedback and submissions to the Company and interaction between users. The Company does not necessarily control the information in these forums or comments, and the Company has no obligation to monitor any such information. As a User, you are responsible for your own communications and submissions and are responsible for the consequences of their posting. Terms directly applicable to use of such forums as the comments include the following:
1. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, jokes, communications or other materials (‘Content’), whether publicly posted or privately transmitted, that you submit to any of the forums are your sole responsibility. This means that you, and not the Company, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the forums.
2. The Company does not endorse or control the Content delivered to this Site, and the Company has no obligation to monitor such Content. As such, the Company does not guarantee the accuracy, integrity or quality of any such Content. However, reserves the right (but not the obligation) in its sole discretion to edit, refuse to post or to delete any Content, in whole or in part, that is in violation of these Terms or that it deems to be objectionable or unacceptable for any reason whatsoever.
3. The Company further reserves the right at all times to preserve any Content or to disclose any Content as necessary to satisfy any law, regulation or governmental request or any good faith belief that such preservation or disclosure is necessary to (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Company, its users and the public.
4. You understand that by using the Site, including its Forums, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Site, including its Forums.
5. It is a condition of your access and use of this Site that you do not:
1. Restrict or inhibit any other user from using and enjoying this Site;
2. Harm minors in any way;
3. Impersonate any person or entity, including, but not limited to, an employee or representative of the Company, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted by means of this Site;
5. Upload, post, email or otherwise distribute, publish or transmit on this Site any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. Upload, post, email or otherwise distribute, publish or transmit on this Site any unlawful, harmful, threatening, abusive, harassing, invasive of another’s privacy, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or foreign law;
7. Upload, post, email or otherwise distribute, publish or transmit on this Site any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by patent, copyright, trademark, trade secret or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
8. Upload, post, email or otherwise distribute, publish or transmit on this Site any information, software or other material which contains a virus or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or any other harmful component; or
9. Upload, post, email or otherwise distribute, publish or transmit on this Site or in any way exploit any information, software or other material which contains any form of solicitation (including, but not limited to, ‘junk mail,’ ‘spam,’ ‘chain letters,’ and ‘pyramid schemes’), advertising, promotion or marketing for goods or services other than by placing paid advertising on the site by agreement with the Company;
10. Disrupt the normal flow of dialogue, cause a screen to ‘scroll’ faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
11. Interfere with or disrupt the Site or servers or networks serving the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
12. Intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
13. ‘Stalk’ or otherwise harass another; or
14. Collect or store personal data about other users.
6. By posting or submitting any materials (including but not limited to any jokes, creative material, remarks, ideas, graphics, photos, comments, product concepts, advertising concepts or ideas, and suggestions for improving or changing existing content) to this Site, you automatically grant (or warrant that the owner of such rights has expressly granted) to the Company a royalty-free, nonexclusive, perpetual and irrevocable right and licence to use, reproduce, modify, publish, edit, translate, perform, display and distribute such materials alone or as part of other works in any form or technology now known or later developed (you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you), and to sublicense such rights through multiple tiers of sublicensees.
7. You warrant that any materials you upload, post, email or otherwise distribute, publish or transmit on this Site contains nothing that will give rise to civil liability or otherwise violate any local, state, national or foreign law, including nothing that is harmful, threatening, abusive, harassing, invasive of another’s privacy or publicity rights, defamatory, obscene, vulgar, pornographic, profane or indecent, or that constitutes an infringement of anyone’s patent, copyright, trademark, trade secret or other proprietary right, or derivative rights with respect thereto.
The Company welcomes your comments about the Site. However, unless the Site has up a specific submissions policy, we will not review or consider any unsolicited creative submissions. We hope you will understand that this policy is intended to avoid the possibility of future misunderstandings in the event that projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we must ask that you not send us any original creative ideas, suggestions or materials.
If, despite our request, you send us any creative idea, suggestion or material (‘Submission’), it shall become our property. No Submission will be subject to any obligation of confidence by us, and we will not be liable for any use or disclosure of any Submission. We will exclusively own all known or later-existing rights to the Submission worldwide, and will be entitled to the unrestricted use of the Submission for any purpose, without compensation to the provider of the Submission.
8. The Company does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk. The Company does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not conform to any term of this Agreement, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to Users for performance or non-performance of such activities. The Company reserves the right to expel Users and prevent their further access to the Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive.
Section 5. Links to Other Sites.
The Site contains links to third party Sites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party Sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Sites. If you decide to access linked third-party Sites, you do so at your own risk.
Section 6. Licenses.
All software that is made available for downloading from the Site (‘Software’) is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated ‘Legal Notice’ accompanying such software (‘License Agreement’). The downloading and use of such software is conditioned on agreement to be bound by the terms of the License Agreement.
Subject to the foregoing paragraph or as otherwise expressly provided, nothing within the Site shall be construed as conferring any licence under any of the Company’s or any third party’s intellectual property rights, whether by implication, estoppel or otherwise.
Section 7. Limitation of Liability.
Your use of the Site is at your own risk. If you are dissatisfied with any of the Materials or other contents of the Site or with these Terms and Conditions, your sole remedy is to discontinue use of the Site.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OF THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF ANY AND ALL DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES ARISING FROM ANY USE OF THE SITE, INCLUDING ANY DAMAGES THAT MAY BE INCURRED BY THIRD PARTIES.
Section 8. Indemnity.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material (including Software) or your breach of the terms of this Agreement. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Section 9. Export Control.
Australia controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials (including Software) to countries or persons prohibited under the export control laws. By downloading the Materials (including Software), you are agreeing that you are not in a country where such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Product.
Section 10. User Information.
The Company may use the information it obtains relating to you, including your IP address, name, mailing address, email address and use of the Site, for its internal business and marketing purposes and may disclose the information to third parties for such purposes.
Section 11. Minors.
Section 12. General.
The Company makes no claims the Materials are appropriate for any particular purpose or audience, or that they may be downloaded outside of the Australia. Access to the Materials (including Software) may not be legal by certain persons or in certain countries. If you access the Site from outside of Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
This Site is based in Australia. All legal issues arising from or related to the use of the Site shall be construed in accordance with and determined by the laws of the State of New South Wales applicable to contracts entered into and performed within the State of New South Wales without respect to its conflict of laws principles. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular ‘Legal Notice’ for Software or material on particular web pages, this Agreement constitutes the entire Agreement between you and the Company with respect to the use of Site.
Section 13. Privacy
This site is owned and published by Echo Netco Pty Ltd (‘The Echo’). At The Echo we recognise the importance of protecting the privacy of personally identifiable information collected about our customers. We want your on-line experience to be enjoyable and we take care to respect your privacy when you visit our web site.
The Echo is bound by the National Privacy Principles contained in the Commonwealth Privacy Act, except for its activities carried out in the course of journalism. The Echo is exempt from complying with the Privacy Act in relation to journalism activities.
The Echo may, from time to time, review and update this policy to take account of new laws and technology and changes to The Echo’s operations. All personal information held by The Echo will be governed by The Echo’s most recent policy, posted on this site.
1. What personally identifiable information does The Echo collect?
The Echo’s primary goal in collecting personal information is to provide you with the best and most useful content and services. Because The Echo derives its revenue mainly from advertising, collecting information is essential to keeping our services free to users.
Several of these services and features that The Echo offers require you to provide us with information as a condition of usage. Some of them include registration on our sites, subscriptions for an email newsletter, access to certain products or services and participation in auctions and message boards.
The Echo collects personally identifiable information, such as your name, email address, postal address, phone number and credit card information when you provide it to us. From time to time, we may also collect other sensitive information such as your job title, gender, username and password. We may also receive information about you from other sources and add it to the information you provided to us. Once you use this site you are no longer anonymous to us.
2. What anonymous information does The Echo collect?
Your internet browser has a feature called ‘cookies’ which store small amounts of data on your computer about your visit to any of our sites. However, cookies tell us nothing about who you are unless you specifically give us personally identifiable information. You do not need to have cookies turned on to visit the The Echo site, although active participation in certain areas of our site may require cookies. In addition, you may elect not to allow cookies to be collected by selecting certain options on your browser.
Web Bugs & Servers
We use electronic images known as web bugs – sometimes called single-pixel GIFs, transparent GIFs, or clear gifs – that allow us to track general user traffic patterns. The Echo also automatically receives and records information from our servers and from your browser including your IP address, the time, and information about the page you requested.
We use tracking technologies in a variety of ways, including:
keeping count of return visits to our site or our advertisers’ or partners’ sites
accumulate and report anonymous, aggregate (data collected in mass) statistical information on web site and advertisement usage determining which features users like best saving your password so you don’t have to re-enter it each time you visit our sites
Third-Party Advertisement Servers
The Echo uses the DoubleClick technology for serving advertisements on its web pages.
Some of our advertisers use third party companies to serve their advertisements on our sites and, in some cases, in our HTML-formatted newsletters. In both cases, these third-party advertising companies employ cookie and web bug technologies to measure advertisement effectiveness. We do not give any personally identifiable information to them as part of this relationship. Use of their tracking technology is subject to their own privacy policies. If you would like more information about the privacy policies of the third-party advertising providers including information on how to opt out of their tracking methods, www.networkadvertising.org/optout_nonppii.asp
The Echo allows a trusted third party to make anonymous and aggregated data collection. Cookies may be used by this third party to gather statistical information that will assist us in understanding what users find interesting and useful on our website. These cookies are known as your ‘Unique Visitor Cookie’, a small piece of data, identifying you only by a random number (eg. #12489). No personal information can be identified about the users through cookies.
3. How does The Echo use the information?
The Echo uses the information we gather for four general purposes:
to customise the advertising and content you see, which helps keep our services free to users to enhance the user experience on our site. We use tracking information to determine how well each page performs overall based on aggregate user demographics and traffic patterns to those pages. This helps us continue to build a better service for you to fulfil your requests for certain services, such as sending out electronic newsletters and enabling users to participate in polls, contests and message boards
to send you information you agreed to receive about topics we think will be of interest to you.
4. How does The Echo share the information?
Personally Identifiable Information
The Echo will make your personally identifiable information available to other companies or people when:
we have your consent to share the information
we have engaged companies to work with or on behalf of The Echo to provide a product or service that you have requested, such as opt-in email announcements
The Echo aggregates personally identifiable information and discloses such information in a non-personally identifiable manner to advertisers and other third parties for marketing, promotional and other purposes. We do not disclose to these entities any information that could be used to identify you personally.
5. What are my options?
Users who would rather not provide any of the user data requested by our registration process do not need to register with us. You can still view much of the content and use many of the services offered by our sites without registering.
We provide users with the following options:
Opting not to receive our electronic newsletters or those of third parties when registering. Users who opt-in may remove themselves from mailing lists at any time through the subscription management pages or by following the instructions at the end of the email they received from us;
Opting not to provide certain personal information when using the site.
6. How can I update my personally identifiable information?
You can correct or change the information collected during registration for the site. Users may change this information at any time and as often as necessary. Users who are experiencing problems or who have questions about how our services work can contact us using the email addresses at the bottom of this page.
8. How does The Echo manage and ensure security of personal information?
The Echo strives to ensure the security, integrity and privacy of personally identifiable information of our customers. We have take steps to ensure your credit card details and other personal information are safe by using a variety of physical and electronic security measures including restricting physical access to our offices and firewalls and secure databases to keep personal information secure from misuse, loss or unauthorised loss or disclosure.
9. How can you find out what personal information The Echo holds about you?
You have the right to seek access to the personal information held about you and to advise The Echo of any inaccuracy. There are some exceptions to this right set out in the Privacy Act. If you make an access request, The Echo will ask you to verify your identity and specify what information you require.
10. Any questions or comments?
or to our office at 6 Village Way, Mullumbimby, NSW 2482 Australia. We try to read every message submitted and reply promptly if appropriate. We may also file your comments to improve the site, or review and discard the information.
Section 14. Competitions
The Echo runs various competitions from time to time in print and online under NSW Permit Number LTPM/13/01129 Class: Type C under the following Terms and Conditions:
Terms and Conditions
1. Entrants in competitions and giveaways and trade promotions run by Echo Publications Pty Ltd and Echo Netco Pty Ltd of 6 Village Way Mullumbimby NSW 2482 Phone 0266841777 (‘the promoter’) must supply their name, contact phone number and postcode as well as their email address and agree to receive a free subscription to Echonetdaily as a condition of entry.
2. If more than one prize is offered in a particular week, the major prize will be the first drawn. Then the other prizes will be drawn in descending order of number and value.
3. Prizes will normally be drawn on Thursday nights and the winner notified on Friday. Winners will be notified by email and phone to the contact details provided on their entry.
4. In the event that a winner has not responded to email and phone messages to claim their prize by reply-to email or by phoning 0266841777 by 4.30pm on a Friday, the promoter reserves the right at its absolute discretion to conduct a redraw of that prize at 4.30pm on that Friday. The promoter will be most likely to conduct a redraw in these circumstances where the prize is tickets to an event happening shortly after the draw.
5. The closing date and time for receipt entries in each draw, unless notified to the contrary in the advertising for the draw, will be 4.00pm on Thursday following publication of the advertising of the particular promotion.
6. The method of entry in the draw, unless notified to the contrary in the advertising for the draw, will be by email to the address specified in the advertising for the particular promotion.