1. LEGALLY BINDING DOCUMENT
The terms and conditions set out in this document form a legally binding agreement between you and ACP in relation to your access to and use of ACP’s services, products, software and websites (excluding any services provided to you by ACP under a separate written agreement). “ACP”, “we”, or “us” means ACP Magazines Ltd ABN 18 053 273 546, of 54 Park St Sydney NSW 2000, Australia. This legal agreement is referred to below as the “Terms”.
The Terms apply to your use of the viewa service, products, software and websites as outlined (without limitation) below in the Description of Service (referred to collectively as the “Services” in this document.
2. ACCEPTANCE OF TERMS
ACP Magazines Ltd (“ACP”) provides the viewa service to you, subject to the following Terms of Service (“Terms”). These Terms may be updated by ACP from time to time without notice to the user. In addition, when using the viewa service, the user shall be subject to any related guidelines or rules applicable to the execution of the service and these guidelines or rules may be posted on the viewa website from time to time. All such guidelines or rules are hereby incorporated by reference in these Terms.
These Terms govern your access to and use of the viewa service and will be effective as of the date and time you download this from either the Apps Store or Google Play
By downloading the viewa Service you represent and warrant that (i) you have full legal authority to bind yourself to these Terms, (ii) that you have read and understand the Terms and (iii) you agree, to these Terms. If you do not have legal authority to bind yourself to these Terms, please do not download this service.
By downloading this Service you agree to abide by the terms and guidelines of the Application Store (currently the Apple© App Store and/or the Googly play market).
3. DESCRIPTION OF SERVICE
viewa is a service created to extend the print media experience ‘beyond print, and create a more engaging experience to readers”
The viewa service is available to download from the App Store and from and can be used on devices that host ios 4.3 or later or Android 2.2-2.37 – with a reliable internet connection.
To the Service: ACP shall have the right to change, suspend or discontinue any aspect of the Service at any time, without notice. If ACP makes a material change to the Service, ACP may inform you of such changes at a time relevant to the changes being required for the service. It is possible that you may need to upgrade your service via the App Store / Google Play, any costs associated with any such upgrade will be your responsibility.
To these Terms and Conditions: ACP reserves the right to modify these Terms and Conditions or any policy governing the Service, at any time, by posting the new terms and conditions of Service at http://www.viewa.com.au/terms or such URL as ACP may provide. You are responsible for regularly reviewing any updates to these Terms and Conditions. You understand and agree that if you access or use the Services after the date on which the Terms have changed, ACP will treat this as acceptance of the updated Terms.
ACP MAGAZINES LTD
You agree that you are solely responsible for (and that ACP has no responsibility to you or any third party for):
(i) all data that you submit or store, or that is generated, in the course of your use of the Services (referred to as “Your Data” below); and
(ii) backing up Your Data, and the consequences (including any loss or damage you may suffer) of you failing to do so.
The App Store and Google Play
6. PASSWORD/ CONFIDENTIAL INFORMATION AND SECURITY
If you provide any password and/or confidential material in connection with your use of the viewa service, then you are responsible for maintaining the confidentiality of such password and/or confidential material and understand that you are fully responsible for all activities that occur under your account.. You agree to immediately notify ACP, Apple and Google of any unauthorised use of your password or account or any other breach or security
It is your responsibility to ensure that you correctly exit from your account at the end of each session of use of the viewa service.
ACP cannot and will not be liable for any loss or damage suffered arising from your failure to comply with this section.
7. FACILITIES AND DATA TRANSFER
All facilities used to store and process Customer Data will adhere to reasonable security standards no less protective than the security standards at facilities where ACP stores and processes its own information of a smiliar type. ACP and its partners have implemented at least industry standard systems and procedures to ensure that the security and confidentiality of Customer Data, protect against anticipated threats or hazards to the security or integrity of Customer Data,. As part of providing the Service to you, Google may transfer, store and process Customer Data in the United States or any other country in which ACP or its agents and/or affiliates maintain facilities. By using this service, you consent to this transfer, processing and transfer of Data.
8. PROVISION OF SERVICES
While ACP and the Service Provider will use all reasonable endeavours to ensure that the viewa Services are accessible at all times, ACP cannot guarantee that this will be case. ACP will use all reasonable endeavours to post a notice on the Website if they we have prior notice of any maintenance that is expected to result in the Services being unavailable, ACP will use all its reasonable endeavours to post a notice on the Website notifying users of any such outage to the viewa service. ACP is not responsible for any problems associated with the use of the public internet or of the individual users telecommunications/ data carrier.
The viewa service is designed for use only with certain devices and require certain functionality to be enabled in order to properly function. Details of these requirements are specified in term 3 of these Terms of Service. These requirements may change over time to reflect evolving technologies. ACP will provide you with reasonable notice of any such changes.
While ACP endeavours to ensure that the Services are free from viruses and other harmful code, you are responsible for taking appropriate steps (including but not limited to updating the viewa application) to protect your device and ensure that the viewa Services is being utilised to its intended purpose.
In some instances, there may be material which is provided for particular users (ie users of a particular age group etc). In these instances, users will be required to confirm and verify their personal information in order to gain access to such Content. It is the responsibility of the user to ensure that they at all times provide true and accurate information regarding their personal information (including but not limited to data relating to age). The Promoter is neither responsible nor liable for any loss or damage suffered in the event that a user untruthfully provides information that provides them access to material not intended for their access.
9. USERS CONDUCT
You agree to use the viewa service only for the purposes permitted by the terms and any applicable laws, regulations or generally accepted practices or guidelines.
You agree not to access (or attempt to access) the viewa service by any means other than through those approved by ACP, unless you have been permitted to do so in a separate written agreement with ACP.
You agree that you will not engage in any activity that interferes with or disrupts the viewa service.
You agree that you will not reproduce, duplicate, distribute, sell, trade or resell the viewa Service (in part or as a whole) for any purpose.
By downloading viewa you agree to not use the Service to:
a. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. Harm minors in any way whatsoever;
c. Impersonate any person or entity, including but not limited to an ACP official forum leader, guide or host, service provider, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. Use the viewa service in any way which breaks the laws governing the state and/or territory in which the viewa service is being used;
e. You agree that you are solely responsible for (and that ACP has no responsibility to you or to any third party for) any breach of your obligations under the Terms
f. in any way commercialise the use of content. For the removal of doubt – all content is provided only for personal use.
10. COST OF SERVICE
The cost associated with any data download is as per the users data plan with the telecommunications provider of the device they are using the viewa service on. Standard data rates apply. For any queries related to costs of data downloads please contact your telecommunications service provider.
Whilst ACP will endeavour to optimise file sizes to ensure the lowest bandwidth possible, the application and service have been designed in a way that also extends and heightens the readers experience. ACP Magazines cannot guarantee an acceptable usage of data if subject to overuse.
Costs associated with updating the viewa service are subject to the policies outlined by the App Store and Google play.
All ecommerce transactions conducted through the viewa service will be handled on the property of the supplier which you connect with to make your transaction. Alternatively the standard browser may open within the viewa service (app) and take the user directly to the suppliers ecommerce website. In either circumstance, the ecommerce transaction is governed by the standard business guidelines of the Supplier.
11. CONTENT IN THE SERVICES
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials (“Content”), whether publically posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. ACP may not always control the material surrounding Content posted by the user via the Service and, as such, does not guarantee the accuracy, integrity or quality of any Content it does not Control. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will ACP be liable in any way for any Content including, but not limited to, any errors or ommissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You should be aware that Content presented to you as part of the viewa service may be protected by intellectual property rights that are owned by other users of the viewa service, or by sponsors or advertisers who provide the Content to ACP for inclusion in the viewa service. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you are specifically authorised under a separate written agreement with ACP or the owner of the Content.
(b) You understand that by using the viewa service, you may be exposed to Content that you may find offensive, indecent or objectionable, and that, in this respect, you use the viewa services at your own risk. ACP reserves the right (but has no obligation) to review, flag, filter, modify, refuse or remove any or all Content from the viewa service at any time it deems necessary.
(c) You agree that you are solely responsible for (and that ACP has no responsibility to you or any third party for):
(i) any Content that you create, transmit or display while using the viewa service; and
(ii) the consequences (including any loss or damage that ACP may suffer) of you doing so.
12. SOFTWARE UPDATES
You may be prompted to download and install software updates. These updates are designed to improve, enhance and further develop the viewa service and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive or download (as applicable) such updates, and permit ACP to deliver them to you (in line with the standard terms of the App Store and Google Play), as part of your use of the viewa service.
13. EXTERNAL LINKS
(a) The viewa service may include links to websites, content, advertising or other materials that are provided by persons or organisations other than ACP (“External Links”). ACP may have no control over any External Links.
(b) You acknowledge and agree that ACP is not responsible for the availability of, and does not endorse the content of, any such External Links.
(c) You acknowledge and agree that ACP is not liable for any loss or damage that you may suffer as a result of the availability of, or your access to, any External Links, including as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such External Links.
14. ENDING YOUR RELATIONSHIP WITH ACP
The Terms will continue to apply until you delete the viewa application from your device.
15. EXCLUSION OF WARRANTIES
(a) You may have rights under statutory consumer protection laws, including the Competition and Consumer Act 2010 (Cth), which cannot be excluded, restricted, limited or modified. The following exclusions of warranties, and the limitation of liability as stated below, apply subject to any rights you may have under such laws.
(b) You expressly understand and agree that your access to and use of the viewa service is at your sole risk and that the viewa service is provided “as is” and “as available”. In particular, ACP does not represent or warrant to you that:
1. your access to and use of the viewa service will meet your requirements (and you expressly acknowledge that you have relied upon your own experience, skill and judgement to evaluate the viewa service and that you are satisfied as to the suitability of the viewa service to meet your requirements); or
2. your access to and use of the viewa service will be uninterrupted, timely, secure or free from error.
(c) Without limiting the foregoing, and to the extent permitted by law, all express or implied representations, conditions, warranties, guarantees or other provisions that are not contained in the Terms (whether based in legislation, the common law or otherwise) are excluded, including any representations, conditions, warranties or guarantees as to acceptable quality, fitness for purpose or timeliness.
You agree to indemnify, defend and hold harmless ACP, and its directors, officers, employees, agents and contractors, from and against any loss, damage, liability, cost or expense (including reasonable legal fees) suffered or incurred in connection with a claim brought against any of them, to the extent that such third party claim arises out of your breach of any obligation or warranty in the Terms.
a. ACP is not liable for any failure to perform its obligations under the Terms where that performance is delayed, prevented, restricted or interfered with for any reason outside ACP’s control.
b. This agreement is governed by the laws of New South Wales, Australia, and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
c. This agreement supersedes all previous agreements about its subject matter and embodies the entire agreement between the parties.
d. The words “including”, “such as”, “in particular” and “for example”, when used in this agreement, are not words of limitation.
e. Except as expressly provided in this agreement, nothing in this agreement is intended to constitute a fiduciary relationship or an agency, partnership or trust, and no party has authority to bind any other party.
f. No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of these terms.
g. Any provision of this agreement that is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of this agreement is not affected.