Subscription Terms & Conditions
Last updated 14th September 2020
By clicking “I AGREE TO THE TERMS & CONDITIONS” and subscribing (‘you” or “your”), you agree to enter into these terms and conditions which, together with any other terms and conditions on the Publisha website and any other documents incorporated by reference into this agreement, constitute a contract between you and Publisha Consulting Pty Ltd (ACN 643 468 928) (“Publisha”, “we”, “us”, “our”).
1. Applicability And Acceptance Of These Terms
These Subscription Terms & Conditions (“Terms”) apply to each subscription that Publisha accepts from you for the supply of products or services by Publisha. Our services include, but are not limited to, the provision of general information, online consultancy, publishing advice and support and/or access to our regular newsletter and insights.
These Terms do not apply if you are a reseller or you purchase products and services for which there are separate terms and conditions specific to those products and services.
Your application to subscribe and/or acceptance of products and services from us means that you accept these Terms.
We may make changes to these Terms from time to time to accommodate changes in our business practices or the introduction of new products or services. If we do, we will notify you in writing at least 30 days before those changes take effect with the option for you to cancel before the changes take effect but only if the changes negatively impact your subscription (“Condition Change”). Your acceptance of further products and services and/or payment of further instalments due after the date the Condition Change takes effect is deemed acceptance of the Condition Change. If you do not want to accept the Condition Change, you are entitled to terminate any ongoing subscription affected by written notice to us before the Condition Change takes effect.
For the purposes of these Terms:
- a reference to “writing” includes any method of representing words, figures or symbols in a permanent and visible form including online or in an electronic communication;
- a reference to “online” or to an “electronic communication” includes a communication of information in the form of data, text or images by means of guided and/or unguided electromagnetic energy, including by means of the internet.
The information on Publisha’s website, as well as that supplied in our products or services, is strictly limited to the provision of general information only and is not a substitute for obtaining professional advice in relation to your own personal and/or business objectives, situation or needs. Before acting on any information you should consider the appropriateness of the information provided having regard to your own personal and/or business objectives, situation and needs and seek your own independent advice. Publisha does not accept liability for any action taken based on information provided by us or for any loss suffered as a result of reliance on this website or our consulting services.
Subscription entitles you to a personal, non-exclusive, non-transferable subscription to use Publisha and the documents contained in or made available through us solely for your own personal or business purposes.
The initial minimum subscription period is 12 months, paid monthly or annually in advance.
If you pay your subscription fee on a monthly basis, at the end of the contract term your subscription will continue on a rolling monthly basis (“Monthly Subscription”) unless you cancel or we terminate your Monthly Subscription in accordance with this contract. If you pay your subscription fee on an annual basis, at the end of the contract term you will have the option of paying for another 12 months in advance (“Annual Subscription”), or continuing your subscription as a Monthly Subscription unless you cancel or we terminate your Subscription in accordance with this contract.
A user account is required to access your subscription and may be accessed and used only by those authorised individuals who are registered with us.
To open a user account, you or your company must complete the registration process as prompted by us. By subscribing, you and your company's users agree to submit accurate, current and complete information about you and your organisation, and promptly update such information. If we suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your subscription. You must choose a personal, non-transferable password.
User accounts cannot be "shared" or used by more than one individual unless agreed to by us.
You are solely responsible for any and all activities that occur under your account and ensuring that you exit or log-off from your account at the end of each session of use. You shall notify us immediately of any unauthorised use of your password or account or any other breach of security that is known or suspected by you.
4. Your Subscription
Your subscription begins as soon as your subscription payment is successfully received by us, subject to any Promotional Offer (as defined below). For so long as you are a subscriber, you are paying the fees required by us, and you are complying with this contract, we grant you a non-exclusive right to use our services, subject to the restrictions set forth in this contract and any other restrictions communicated by us in writing.
You agree to pay all fees or charges for your subscription in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.
Fees will be calculated in accordance with our Pricing Schedule (as made available by us from time to time on our website). Unless stated otherwise, fees are charged in Australian dollars and are expressed exclusive of GST (which applies in addition where so required by the GST law). You must provide us with valid credit card information as a condition to subscribing.
We charge and collect payments monthly (or annually) in advance, as the case may be.
Our subscription services are provided to you on a month-to-month basis. To provide continuous service, we automatically renew all paid subscriptions when your next payment is due. By subscribing, you acknowledge you will be subject to automatic renewals until you notify of a change under clause 12 of this contract.
By subscribing and providing us with your credit card details, you authorise us to charge your credit card a monthly or annual subscription fee, whichever applies to you, at the then current subscription rate.
Your subscription may include a free trial period or other promotional discount or benefit (“Promotional Offer”). We reserve the right to offer, withdraw, change, cancel or determine your eligibility for any Promotional Offer in our absolute discretion. Promotional Offers may be subject to terms and conditions which shall apply in addition to, and prevail to the extent of any inconsistency with, this contract. Promotional Offers may include an option to pay the first 12 months of your subscription upfront at a discounted rate notified to you at the time.
Where offered, free trials are open to new subscribers only. If your subscription commences with a free trial, you will be required to provide your credit card details when you join but you will not be charged for the free trial period. We will commence billing your subscription fees at the end of the free trial period, unless you cancel your subscription before the end of the free trial period and in accordance with this contract.
If you subscribe to a service with us that permits you to purchase access to additional data on a transactional basis, you will be charged per transaction.
You authorise us to store your payment method(s) and to automatically charge your payment method(s) every month or year (as the case may be) until you cancel or change your subscription.
We may change your subscription rate at any time and shall notify you of the change at least 30 days in advance with the option for you to cancel before the changes take effect (“Pricing Change”) Continued subscription by you after any such changes take effect shall constitute your consent to such changes. If you do not want to accept the changes, you are entitled to terminate any ongoing subscription affected by written notice to us before the changes take effect. If you have subscribed for an Annual Subscription, any changes will apply to you after the expiry of the 12-month period.
Invoices will be generated by us at the start of a subscription period and your credit card will be charged simultaneously. Your account will be considered delinquent if payment in full is not received by the subscription period start date.
We may make available or send documents and information to you, including invoices, by means of an electronic communication. You acknowledge that we are not liable in respect of:
- any error, omission or loss of confidentiality arising from an electronic communication;
- any unauthorised copying, recording or interference with a document;
- any delay or non-delivery of a document; or
- any damage caused to your system or files by such electronic transmission (including by any computer virus).
You agree to provide us with complete and accurate billing and contact information. This information includes your company name, street address, e-mail address, and name and telephone number of an authorised billing contact. You agree to update this information within 5 business days of any change to it. If the contact information you have provided is false or fraudulent, we reserve the right to terminate your subscription in addition to any other legal remedies.
If you believe that you have been incorrectly billed by us, you must contact us in writing within 60 days of the date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.
If your primary payment method fails, you authorise us to charge any other payment method in your account. You must ensure that the details of your credit card remain up to date and accurate. If we are unable to collect any fees or charges payable for any reason including, without limitation, expiry or lack of funds, you remain responsible for any uncollected amounts and we may suspend or cancel your subscription or order for products or services without giving you notice.
If you have not provided us with a backup payment method(s) and you fail to provide payment, or if payment methods in your account fail, we may suspend or cancel your subscription. You can edit your payment information anytime in your Publisha Account.
Your bank may require you to authenticate your initial purchase using a password, a one-time code sent to your mobile number, or biometric or other recognition. When you authenticate, you also authorise us to charge your payment method for your additional purchases without providing us further payment information or other instructions (i.e. we will initiate future payments independently). Such additional purchases may occur when we automatically charge your payment method in connection with a recurring subscription or when you add or change your subscription.
We reserve the right to suspend or terminate this contract and your access to Publisha if your account becomes delinquent. Delinquent invoices are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged during any period of suspension. If you or we initiate termination of this contract, you will be obligated to pay the balance due on your account. You agree that we may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
You agree that we will not be liable for any loss caused by any unauthorised use of your credit card or any other method of payment by a third party in connection with your subscription. You waive your right to dispute any payment made into your account and you will bear all costs.
Any attempt to defraud, through the use of credit cards or other methods of payment in connection with your subscription, or any failure by you to honour charges or requests for payment may result in immediate termination of your account.
In the case of suspected or fraudulent payment, including the use of stolen credentials, by anyone, or any other fraudulent activity, we reserve the right to block your account. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity and may employ collection services to recover payments.
6. Additional costs
If the applicable GST rate (or other included tax or duty) changes during your one-month term, we will accordingly adjust the tax-inclusive price for your plan on your next billing date.
If we have to convert the price or the charge for the cost of importation from another currency, you agree that we have absolute discretion in relation to the exchange rate used to make the conversion.
Some credit card payments may be subject to a surcharge. We reserve the right to make changes to this surcharge from time to time or to extend the surcharge to other methods of payment. If we do make any changes, we will give you reasonable notice in writing before the changes take effect.
You accept that dates we give you for delivery are our best estimate, are given in good faith and may be subject to change without notice.
We will deliver products ordered to the email address supplied on application or to an alternate email address that we accept from you.
8. Risk And Title
Your entitlement in relation to any service is limited to a licence only for the subscription period. Ownership is reserved to us. The subscription does not constitute the assignment of any intellectual property rights in the works provided as part of that subscription to you.
We grant to you a non-exclusive, non-transferable limited licence to:
- access and use data made available on the online service operated by us that you have chosen to subscribe to in your application;
- download and temporarily store insubstantial portions of such data to a storage device under your exclusive control;
- internally display such downloaded data; and
- reproduce such data subject to the further limitations set out in these Terms.
You are licenced to access and make use of such data in Australia only, unless specified otherwise in your order and accepted by us.
Where you have purchased access to data on a transactional basis, that data will be made available to you on a single subscriber basis only for a period of 24 hours. You may not distribute that data to other users or third parties unless you have obtained an express licence from us for that purpose.
9. Supply Of Subscription Products And Services
When your subscription is accepted, we will:
- supply that product or service to you for an initial subscription period of twelve months (“Initial Period”); and
- continue to supply that product or service to you after the Initial Period has expired in accordance with this contract.
We can immediately cancel or suspend your subscription to a product or service at any time in accordance with this contract.
10. Use Of The Publications
The publications appearing on the service are not a substitute for legal or other professional advice. You may only republish data made available by us with our prior written consent.
Certain software you use may not be capable of supporting the service and the performance of the service will vary with the hardware on which it is used. You must check that your network is capable of supporting the service before applying for subscription.
11. Termination Of Contract By Us
We may, in our sole discretion, terminate your password, account or subscription and remove and discard any data in your account, including data uploaded by guests, if you breach or otherwise fail to comply with this contract.
Upon termination of an account by us, your right to use such account and the subscription immediately ceases, and we shall have no obligation to maintain any data stored in your account, be that your data or data uploaded by guests, or to forward any data to you or any third party.
We reserve the right to terminate your account for non-payment if, by thirty (30) days after deactivation of your account, you have not brought your account balance current or contacted us regarding reactivation. If we terminate your account, all of the data uploaded by you or guests, may be deleted by us.
12. Termination Of Subscription By You
You can cancel your subscription via your Publisha Account. If you cancel your subscription, your access will conclude at the end of your contract term.
Refunds will only be offered in the limited circumstances set out in these Terms. No refunds will be given if you cancel your subscription:
- before the expiration of the Initial Period; or
- thereafter, before the expiration of a Monthly Subscription or an Annual Subscription; or
- as a result of a Condition Change or Pricing Change after the change takes or is deemed to take effect.
If your subscription commenced with a free trial and you cancel your subscription during the free trial period, cancellation is effective immediately and your subscription access will be disconnected from the date you cancel.
13. Suspension Or Modification Of The Service
We may discontinue, cancel, suspend or revise any or all aspects of the service or publications appearing on the service (including, without limitation, the supply of any publication through the service) at our sole discretion and without prior notice to take account of (for example but without limitation) changes in law or circumstance relating to the publication of that service.
We may suspend or cancel your access to the service, in whole or in part, until further notice, with immediate effect:
- for any reason we determine in our sole discretion;
- to periodically maintain or improve the publications or the service and related systems;
- to comply with any order, instruction or request of any government, any emergency services organisation, or other competent judicial, administrative or regulatory authority;
- if we believe that the service or the publications may be used in such a way as may constitute a breach of any provision of this contract;
- if we have reasonable grounds to suspect that there has been unauthorised access to your subscription or that you have committed or may be committing any illegal or fraudulent activity in connection with your subscription;
- if you breach any part of this contract; or
- if you fail to pay all or part of any fee by the due date.
We will endeavour, where possible to provide you with reasonable notice of such suspension or cancellation.
Whilst we will use our best endeavours to minimise disruption to the service, unscheduled outages may occur from time to time.
14. Unanticipated Events
We will not be liable for any failure to perform any obligation to you due to causes beyond our reasonable control.
If you default in performing your obligations under this contract and we incur expenses in enforcing our rights under the contract (for example and without limitation, expenses incurred by us in recovering any moneys owed by you to us), you must pay to us any reasonable costs on demand (including all legal costs on a full indemnity basis).
When using your subscription and subscription, you must comply with all copyright laws. Replication of our data is strictly forbidden without written permission from us. Unless permitted by law or as otherwise expressly permitted in this contract, you must not, nor must you authorise any third person to:
- reproduce, copy, download, scrape, store, publish, transmit, transfer, communicate, distribute, disseminate, sell, rent, lend or otherwise use the publications or the service, or any part of the publications or service, in any form or by any means;
- modify or make any alterations, additions or amendments to any part of the publications downloaded from the service;
- make the service available to any person other than an authorised user;
- convert material downloaded from the service into an electronic format other than the one in which it was supplied;
- reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the service or reproduce all or any portion of the said components;
- remove, alter, circumvent or tamper with any trademarks, copyright notices, copyright protection devices, disclaimers or other legal notices;
- combine the whole or any part of the data available on the service with any other software, data or material; or
- store or use any part of such data in an archival database or other searchable database except as forming part of any work product.
In this contract the terms “GST”, “supply” and “tax invoice” have the meaning given to those terms in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Act) or any regulations made pursuant to the GST Act and the term “GST” also includes any penalties or additional tax imposed in relation to the GST payable in relation to the supply of services under these Conditions.
All fees payable to us and published on our Website our exclusive of GST.
If the amount of GST paid or payable by us on a sale made to you differs from the amount of GST you have paid to us for the products or services sold, then the amount of GST paid by you will be adjusted either by further payment by you to us or repayment to you by us of the amount of the adjustment.
In relation to any GST paid by a party under this contract, including any adjustment, the payee will provide the payer with a valid tax invoice, as defined in the GST Act or any regulation made pursuant to the GST Act.
19. Disclaimer Of Liability And Warranties
If any law or regulation including but not limited to the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, confers rights and remedies on you in relation to the provision by us of products or services ordered by you which cannot be excluded, restricted or modified (“Non-excludable Rights”), we do not exclude any Non-excludable Rights but we do exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights:
- all products and services ordered by you are provided without warranties of any kind, either express or implied;
- we do not warrant that those products and services will be complete or free from all errors;
- we do not warrant that information will continue to be available to us to enable us to keep those products and services up-to-date; and
- all representations are expressly excluded and you have not relied on any representations in ordering products and services from us.
Under no circumstances (including but not limited to any act or omission on our part) will we be liable for any loss or damages (including, without limitation, indirect, incidental, special or consequential or punitive damages and damages for loss of profits) whatsoever which results from any use, or any inability to use, your subscription, your subscription, our products or our services.
To the fullest extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded, but can be limited, is limited, at our option to supply of the good or service ordered by you again or paying for their resupply.
20. Governing Law
This contract will be governed by and construed according to the law of Queensland and the parties agree to submit to the jurisdiction of the courts and tribunals of or exercising jurisdiction in that State.