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Channel 9 South Australia Pty Ltd

Privacy Policy Statement

Channel 9 South Australia Pty Limited ("Channel 9 Adelaide") is committed to the protection of your personal information and follows the National Privacy Principles for the fair handling of information. This policy may be reviewed from time to time so it is best to read it at any time you are proposing to supply personal information to us. By using our web site or supplying personal information to us, you agree to this policy.

This privacy policy sets out what sort of information we hold, for what purpose, and how we collect hold and use that information and also advises you of any matters of which you should be aware regarding information we may collect about you.

How we collect information about you
When you visit our www.nws9.com.au web site ("Website"), our web server may automatically record some general information about your visit, but does not recognise or record any individual information about you. The information we might record and use for statistical purposes is:

  • your server address;
  • the date and time;
  • the pages accessed and documents downloaded;
  • the previous site visited; and
  • the type of browser used.

We can only identify you personally if you give us this information voluntarily. We may collect personal information directly from you when you provide this information to us by phone, in person, by email, or when you submit personal details through our web site to provide us with information.

How we use and disclose your information
We will not sell your name or contact details to a third party without your permission, but we may provide advertisers with general information concerning the demographic make-up of traffic to our Website. This information does not enable you to be identified as it is aggregated. Advertisers or sponsors on this site may collect information when you view or click on their advertisements. We do not have any control over this data collection.

We will not use or disclose your personal information without your consent unless -

  • it is required by law;
  • we believe it necessary to provide you with a service which you have requested;
  • it is required to protect rights or property of WIN or any of our affiliates, related companies or any other user of our, or their, services; or
  • it is required to lessen a serious threat to a person's health or safety.

If you supply us with your e-mail address or postal address when requesting a service or providing feedback, we, or our service partners on our behalf, might send you information on new products and services or upcoming events. If you do not wish to receive such mailings, please let us know by contacting

Channel 9 Adelaide
Attention: Television Publicity
PO Box 9 North Adelaide SA 5006
Australia.

In order to conduct our business effectively, we may share your personal information with:

  • our affiliates;
  • our related companies;
  • our service partners; or
  • our professional advisors, including our accountants, auditors and lawyers.

You need to be aware that our website will contain links to other websites. If you click on a link to another site you will leave our website and will need to refer to that other party's privacy conditions and policy because ours will then no longer apply.

Cookies are pieces of information that are stored on your computer's hard disk. Most web-browsers are set to accept cookies but you can set your web-browser to refuse cookies. Cookies themselves do not identify users but they do allow the tracking of a customer's use of a website. Cookies have become commonplace.

Accessing and updating your information

Upon request, we will tell you what information we have recorded about you. If any of this information is incorrect, or you want us to remove all information about you, please contact us by writing to:

Channel 9 Adelaide
Attention: Television Publicity
PO Box 9 North Adelaide SA 5006
Australia.

More information

If you have any questions regarding our Privacy Policy or if would like to know more about privacy, please contact us by writing to:

Channel 9 Adelaide
Attention: Television Publicity
PO Box 9 North Adelaide SA 5006
Australia

or visit the Office of the Privacy Commissioner's web site at www.privacy.gov.au

(Last modified October 6, 2008)

 

Terms and Conditions of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE CAREFULLY.

By using this site, you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use, please do not use this site.

Scope of Terms and Conditions
These terms and conditions apply to your use of all the sites and services owned or operated by Channel 9 South Australia Pty Limited ("Channel 9 Adelaide") and affiliated companies, including companies controlled by WIN Corporation Pty Ltd (collectively "we," "us," or "our"), including our www.nws9.com.au site(s), and any other site that we have owned or operated, do own and operate or may own or operate in the future (collectively, the "Sites"). Unless we say otherwise, all references to the Sites in these terms and conditions include all such sites. These terms and conditions do not apply to your use of unaffiliated sites to which any of the Sites only links.

Restrictions on Use of Materials
The contents of our Sites are protected by copyright and trademark laws, and are the property of their owners. Unless we say otherwise, you may access the materials located within the Sites only for your personal use. This means you may download one copy of posted materials on a single computer for personal, non-commercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material, you do not obtain any ownership rights in that material.

You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Sites. Only if you obtain prior written consent from us-and from all other entities with an interest in the relevant intellectual property-may you publish, display or commercially exploit any material from the Sites.

You must abide by all additional copyright notices or other restrictions contained in any of the Sites.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalogue, download or otherwise reproduce, store or distribute content available on the Sites. You may not take any action to interfere with, or disrupt, the Sites, circumvent security measures or attempt to exceed the limited authorization and access granted to you under these terms and conditions.

Links
These terms and conditions apply only to the Sites, and not to the sites of any other companies or organizations, including those to which any of the Sites may link. We are not responsible for the availability of any other site to which any of the Sites links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or webmaster.

Other sites may link to any of the Sites only through a plain-text link to the home page of such Site. Permission must be granted by us for any other type of link to the Sites. To seek our permission, you may write to Channel 9 Adelaide, Attention: Television Publicity PO Box 9 North Adelaide SA 5006 Australia. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to any of the Sites, at our discretion at any time.

Submissions
We welcome your comments about any of the Sites. However, unless a Site has set 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.

If you are submitting something to a Site that has set up a submissions policy you agree to be bound by that site's specific submission policy.

User licence to Channel 9 Adelaide
By placing any information (including personal information) or other material on the Sites or providing it to us in any way (including posting messages, uploading files, inputting data, engaging in any other form of communication, or providing any information that may be used in programming material), you grant to us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:

  • 1. use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
  • 2. sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trade mark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of us and any other party authorised by us all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of us, you will execute and deliver to us such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

Registration
If you access the Sites anonymously, you may do so as a visitor and will not be required to provide personally identifiable information. However, in order to access certain services on the Sites, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Screen names or IDs may not be offensive, deceptive or violate any other party's rights. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords.

We may, at our discretion, suspend or terminate the registration of any forum user or general user who violates any of these terms and conditions of use, any of the forum member guidelines or for any other behaviour that we in our discretion believe is inappropriate.

Disclaimers
The Services, Products and Materials on the Sites are provided "AS IS" and without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including but not limited to implied warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

Neither we nor any of our respective licensors or suppliers warrant that any functions contained in the Sites will be uninterrupted or error-free, that defects will be corrected, or that the Sites or the Server that makes them available are free of viruses or other harmful components.

Neither we nor any of our respective licensors or suppliers warrant or make any representations regaring the use or the results of the use of the Services, Products or Materials on the Sites in terms of their correctness, accuracy, reliability or otherwise. You (and not we or any our respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to your system.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

To the extent permitted by statute, any liability of Channel 9 Adelaide arising from the breach of any conditions or warranties not able to be excluded, is at Channel 9 Adelaide's option, limited to and completely discharged:

  • 1. In the case of Goods, by either:
    (i) The supply by Channel 9 Adelaide of equivalent goods; OR
    (ii) The replacement by Channel 9 Adelaide of the goods supplied; AND
  • 2. In the case of Services, by supplying the Services again.

We do not endorse, warrant or guarantee any products or services offered on the Sites. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.

Limitation of Liability
Under no circumstances, including but not limited to negligence, will we or any of our licensors or suppliers be liable for any indirect, special or consequential damages (Including loss of profits, loss of data and loss of opportunity) that result from the use of, or the inability to use, the materials on the Sites, or any products or services provided pursuant to the Sites, even if advised of the possibility of such damages. Notwithstanding anything else in these terms and conditions,, in no event shall the total liability to you by us or any of our licensors or suppliers for all damagers, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you to us, if any, for accessing the sites.

No Personal Advice
The information contained in or made available through the Sites (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.

Parental Permission
Some of the information available on the Sites concerns the topic of sex and may not be appropriate for children. Further, the Sites are not directed to children under the age of 13 and we will not knowingly collect personally identifiable information from children under 13.

WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN'S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSER'S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.

We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.

We reserve the right to charge fees, surcharges and/or membership fees for all or any of its services currently provided for free at any time upon thirty (30) days' prior written notice to you.

Privacy Policy
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our Privacy Policy which is available at www.nws9.com.au.

Indemnity
You agree to defend, indemnify and hold us harmless, and our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of these terms and conditions, (ii) your content and materials, (iii) your use of materials or features available on the Sites (except to the extent a claim is based upon infringement of a third party right by materials created by us) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

Jurisdictional Issues
We control and operate this Site from our offices in Australia. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Miscellaneous
These terms will be governed by and construed in accordance with the laws of the State of New South Wales, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be subject to binding arbitration in accordance with the Commonwealth of Australia. If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and us relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these terms and conditions, or by a writing signed by both parties.

Notice of claimed copyright infringement
Materials may be made available via the Sites by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Sites for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Sites.

If you believe any materials on the Sites infringe a copyright, you should provide us with written notice that at a minimum contains:

  • 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single Site are covered by a single notification, a representative list of such works at that site;
  • 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • 4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • 6. A statement that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All notices should be sent to our designated agent as follows:

Channel 9 Adelaide
Attention: Television Publicity
PO Box 9 North Adelaide SA 5006
Australia

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

(Last modified on October 6, 2008)