Terms and Conditions - The Green List

These terms and conditions, together with The Fifth Estate Pty Ltd and The Green List Privacy Policy and any additional terms, conditions, notices and disclaimers displayed either on tefifthestate.com.au or thegreenlist.com.au govern your use of and access to these sites.

Any changes in conditions will be posted in these websites and your continued use of these sites constitute your acceptance of any changes.

We do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free. Your access to these sites may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.

Except as expressly provided otherwise in the conditions, we reserve the right to change or discontinue any website, feature or service (or part thereof) at any time.

Your conduct
You must not:
(a) use thefifthestate.com.au and thegreenlist.com.au in breach of any applicable laws or regulations;

(b) use thefifthestate.com.au and thegreenlist.com.au (or Material obtained from thefifthestate.com.au and thegreenlist.com.au):

to transmit (or authorise the transmission of) “junk mail,” “chain letters,” unsolicited emails, instant messaging, “spimming,” or “spamming”;
to impersonate any person or entity;
to solicit money, passwords or personal information from any person;
to harm, abuse, harass, stalk, threaten or otherwise offend others; or
for any unlawful purpose;

(c) use thefifthestate.com.au and thegreenlist.com.au to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Material that:

is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
contains, promotes, or provides information about unlawful activities or conduct;
is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
exploits another person in any manner;
contains nudity, excessive violence, or sexual acts or references;
includes an image or personal information of another person or persons unless you have their consent;
poses or creates a privacy or security risk to any person;
you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
contains large amounts of untargeted, unwanted or repetitive content;
contains restricted or password only access pages, or hidden content;
contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or
contains financial, legal, medical or other professional advice;

(d) interfere with, disrupt, or create an undue burden on thefifthestate.com.au and thegreenlist.com.au;

(e) use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of thefifthestate.com.au and thegreenlist.com.au;

(f) use thefifthestate.com.au and thegreenlist.com.au with the assistance of any automated scripting tool or software;

(g) frame or mirror any part of thefifthestate.com.au and thegreenlist.com.au without our prior written authorisation;

(h) use code or other devices containing any reference to thefifthestate.com.au and thegreenlist.com.au to direct other persons to any other web page;

(i) except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of thefifthestate.com.au and thegreenlist.com.au or cause any other person to do so; or

(j) delete any attributions or legal or proprietary notices on thefifthestate.com.au and thegreenlist.com.au.

Your Material
By uploading, transmitting, posting or otherwise making available any Material via thefifthestate.com.au and thegreenlist.com.au, you:

(a) grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form and for any purpose;

(b) except where expressly stated otherwise, also grant each user of thefifthestate.com.au and thegreenlist.com.au a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form for any purpose, subject to the Conditions;

(d) warrant that the Material does not breach the Conditions; and

(e) unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.

We reserve the right (but have no obligation) to:

review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Conditions or otherwise has the potential to harm, endanger or violate the rights of any person; and
monitor use of thefifthestate.com.au and thegreenlist.com.au, and store or disclose any information that we collect, including in order to investigate compliance with the Conditions or for the purposes of any police investigation or governmental request.

We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on thefifthestate.com.au and thegreenlist.com.au by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on thefifthestate.com.au and thegreenlist.com.au simply by facilitating others to post, transmit or other make Material available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.

Notifying us
If you think that thefifthestate.com.au and thegreenlist.com.au has been accessed or used by another user in breach of the Conditions, please email us at editorial@thefifthestate.com.au.

In particular, if you wish to send us a copyright infringement notification, you will need to identify the Material(s) that you believe infringe(s) your copyright, identify each copyright protected work in which you own the rights and which you believe has been infringed, identify how each copyright protected work has been or is being infringed and include your contact information. You will need to sign the notice and send it to the above email address.

Intellectual Property
Except where expressly provided otherwise in the Conditions, you do not have any right, title or interest in or to any proprietary rights relating to thefifthestate.com.au and thegreenlist.com.au.

Thefifthestate.com.au and thegreenlist.com.au may contain Material that is protected by copyright, trade mark and other laws. Except where expressly provided otherwise in the Conditions, you may reproduce and display the Material on thefifthestate.com.au and thegreenlist.com.au for your own personal, non-commercial use only unless otherwise stated in writing by The Fifth Estate Pty Ltd or The Green List. Except for the temporary copy held in your computer’s cache and a single permanent copy for your personal reference, the material may not otherwise be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or part without our prior written approval or the written approval of our licensor.

In particular, you may not use any Material on thefifthestate.com.au or thegreenlist.com.au to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution, unless specifically allowed by The Fifth Estate Pty Ltd or thegreenlist.com.au.

Nothing displayed on thefifthestate.com.au and thegreenlist.com.au should be construed as granting any right of use in relation to any logo, masthead or trade mark displayed on thefifthestate.com.au and thegreenlist.com.au without the express written consent of the relevant owner.

Third party websites, advertising and activities
We may feature or display links and pointers to websites operated by third parties on thefifthestate.com.au and thegreenlist.com.au. Such websites do not form part of thefifthestate.com.au and thegreenlist.com.au and are not under our control. We do not accept any responsibility in connection with any such website. If you link to any such websites, you leave thefifthestate.com.au and thegreenlist.com.au entirely at your own risk.

Thefifthestate.com.au and thegreenlist.com.au may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.

If you contact a third party using functionality provided on thefifthestate.com.au and thegreenlist.com.au, including via e-mail, we do not accept any responsibility for any communications or transactions between you and the relevant third party.

From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party. These communications and/or activities may be subject to separate terms and conditions and are conducted in accordance with the terms of The Fifth Estate’s Privacy Policy. For example, the personal information you provide when registering on thefifthestate.com.au and thegreenlist.com.au may be used, or disclosed, for the purpose of sending you marketing or promotional material about a third party business that we believe may be of interest to you. You will be given an opportunity to unsubscribe to any of these communications in accordance with applicable legislation. If you wish to make a complaint or provide feedback about a privacy related matter, please email us at editorial@thefifthestate.com.au

The Fifth Estate Pty Ltd or The Green List 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.

Disclaimer
You use thefifthestate.com.au and thegreenlist.com.au at your sole risk.

Except where expressly stated otherwise, Material on thefifthestate.com.au and thegreenlist.com.au is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.

We do not make any representation or warranty that any Material on thefifthestate.com.au and thegreenlist.com.au will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.

We will not be liable for loss resulting from any action or decision by you in reliance on the Material on thefifthestate.com.au and thegreenlist.com.au, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with thefifthestate.com.au and thegreenlist.com.au in any circumstance.

Limitation of liability
You use thefifthestate.com.au and thegreenlist.com.au at your sole risk.

To the extent permitted by law, we exclude all conditions and warranties relating to your use of thefifthestate.com.au and thegreenlist.com.au that are not expressly set out in the Conditions.

To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, at our option, to:

(a) in the case of services supplied or offered by us:

(i) the re-supply of those services; or
(ii) the payment of the cost of having those services re-supplied; and

(b) in the case of goods supplied or offered by us:

(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of having the goods replaced; or
(iv) the payment of the cost of having the goods repaired.

In relation to any express warranty or condition set out in the Conditions in connection with goods or services supplied or offered by us via thefifthestate.com.au and thegreenlist.com.au, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those goods or services.

In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with thefifthestate.com.au and thegreenlist.com.au.

Indemnity
You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with thefifthestate.com.au and thegreenlist.com.au, including any breach by you of the Conditions.

Severability
If any provision of the Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Conditions, which shall remain in full force and effect.

No waiver
No waiver of any term of the Conditions shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Conditions shall not constitute a waiver of such right.

Applicable law
These Conditions shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales Courts to determine any matter or dispute which arises under the Conditions.

Definitions
In these terms and conditions:
“Conditions” means these terms and conditions, together with The Fifth Estate Pty Ltd Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on thefifthestate.com.au and thegreenlist.com.au.
The Fifth Estate Pty Ltd means all of the websites that we own and/or operate from time to time, regardless of how those websites are accessed by users (including via the Internet, mobile phone or any other device).