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Terms of Use
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Last updated: 21 September, 2007
The ninemsn network of websites ("Network") is owned and operated by ninemsn Pty Limited (ACN 077 753 461) ("ninemsn"). Your access to the Network is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Network (known collectively as "Terms of Use"). Your use of, and/or access to, the Network constitutes your agreement to the Terms of Use. ninemsn reserves the right to amend the Terms of Use at any time. Since you are bound by these Terms of Use, you should periodically refer to them in this document and elsewhere on the Network. | |
In addition to the terms in this document, there are also specific and additional terms which form part of the Terms of Use and which govern your use of, and access to, certain websites on the Network. Since you are also bound by these specific terms, you should review them before using these particular sites.
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All information, text, material, graphics, software and advertisements on the Network ("Content") are Copyright ©1997-2004 ninemsn, its suppliers and/or licensors unless expressly indicated otherwise on the Network. The Content is protected by Australian and international copyright and trademark laws. Content on the Network is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Network or expressly authorised in writing by ninemsn or its affiliates. Strictly on the condition that you keep all Content intact and in the same form as presented on the Network (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may: a) using an industry-standard Web browser, download and view the Content for your personal, non-commercial use, or b) if you are an Internet service and/or access provider, supply the Content to your subscriber. You must not use the Network in any manner or for any purpose which is unlawful or in any manner which violates any right of ninemsn or an affiliate or which is prohibited by the Terms of Use.
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By placing any information or other material on the Network (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to ninemsn 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, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of ninemsn and any other party authorised by ninemsn 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 ninemsn, you will execute and deliver to ninemsn such instruments and take such other actions as may be required to carry out this grant of licence and waiver.
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| The Network contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of ninemsn and ninemsn is not responsible for the contents of any linked website or any hyperlink contained in a linked website. ninemsn provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by ninemsn or its affiliates. You link to any such website entirely at your own risk.
The Network also contains third party advertisements (including banner ads and full page advertisements) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by ninemsn or its affiliates or their respective directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by ninemsn, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.
The product prices listed in the Shopping sites ("Service") are the responsibility of the relevant retailer and are accurate at the time the retailer notifies ninemsn. They are subject to change without notice by the retailer. ninemsn is not liable for the prices or price changes, including where price changes have not been reflected on the Shopping sites. Your use of the Service is subject to the ninemsn terms of use.
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| The Trade Practices Act and similar state and territory Legislation in Australia (and in New Zealand, except where goods or services are acquired for business purposes, the Consumer Guarantees Act 1993 (NZ)) may confer rights and remedies on you in relation to the provision by ninemsn of goods or services on the Network which cannot be excluded, restricted or modified ("Non-excludable Rights"). ninemsn does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights: a) all Content is provided "as is" and without warranties of any kind, either express or implied, b) ninemsn and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) ninemsn does not warrant that the functions contained in any Content or any User Generated Content or your access to the Network will be uninterrupted or error-free, that any defects will be corrected or that the Network or the server which stores and transmits Content to you are free of viruses or any other harmful components, d) ninemsn does not warrant or make any representation regarding your access to, or the results of your access to, the Network (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) you (and not ninemsn) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
Under no circumstances (including but not limited to any act or omission on the part of ninemsn) will ninemsn or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Network or any Content. You expressly acknowledge and agree that ninemsn does not exert control over users of the Network (including individuals referred to on the Network as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.
To the fullest extent permitted by law, ninemsn's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of ninemsn to the following:
- in the case of services supplied or offered by ninemsn, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and
- in the case of goods supplied or offered by ninemsn, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.
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The Terms of Use are effective until terminated by ninemsn, and ninemsn may terminate this agreement and your access to the Network at any time without notice. In the event of termination, you are no longer authorised to access the Network, but all restrictions imposed on you, licenses granted by you and all ninemsn disclaimers and limitations of liability set out in the Terms of Use will survive.
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The trademarks listed below are trademarks of ninemsn or its affiliates (as indicated). All other trademarks displayed on the Network are trademarks of their respective owners. Nothing contained on the Network should be construed as granting any license or right of use of any trademark displayed on the site without the express written permission of ninemsn, the relevant ninemsn affiliate or third-party owner.
Some of the logos listed below may be available to you to place on your own website as a hyperlink to the relevant ninemsn website, but such use requires the express written authorisation of ninemsn or the relevant affiliate, and any use must be in accordance with the trademark usage guidelines of the relevant trademark owner.
ninemsn: ninemsn, the ninemsn logo, TV Guide.
Microsoft Corporation: CarPoint, Cinemania, Expedia, Microsoft, the Microsoft Internet Explorer logo, MS, MSN, Sidewalk, Slate, Windows, Windows NT
Microsoft® Passport Network: Microsoft and the Passport Network logo are registered trademarks of Microsoft Corporation in the United States and/or other countries.
Hotmail Corporation: Hotmail
Nine Network Australia Pty Ltd: the Good Medicine logo, A Current Affair, the Today logo , Nightline, the What's Cooking logo, the Our House logo, Getaway, the Midday logo, the Mornings with Kerri-Anne logo, the Money logo, Wide World of Sports, the Sunday logo, the Business Sunday logo, The Footy Show, the Footy Show logo, IMT, the IMT logo.
PBL Media Mastheads Pty Limited: Australian Personal Computer, the apcmag.com logo, Cleo, The Australian Women's Weekly, Australian House & Garden, HQ, the HQ logo, Inside Edge, New Weekly, the New Weekly logo, PC User, The Picture, LAN Magazine, LAN Live, Ralph, Wheels, Motor, Expanse, Street Machine, Dolly and People.
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ninemsn relies on your continued observance of these Terms of Use. If ninemsn suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify ninemsn for those losses, damages and costs.
The terms of this agreement apply to the full extent possible in relation to the supply by ninemsn of any content or services for the ninemsn wireless application protocol service ("WAP service"), a short messaging service for mobile phone users ("SMS service") and personal digital assistant service ("PDA service"). More information about these services can be viewed at the ninemsn mobile web page located at http://ninemsn.com.au/mobileweb/.
This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
All rights not expressly granted herein are reserved.
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| "Interactive Pictures” and “IPIX” are trademarks of Interactive Pictures
Corporation.
Information supplied by AAP is © 2004 Australian Associated Press Pty Limited (AAP) or its licensors. This is the ninemsn service with content provided by AAP. AAP reserves all rights, including copyright, in services provided by it. The information, text and images in the service are for personal use only and may not be re-written, copied, re-sold or re-distributed, framed, linked or otherwise used whether for compensation of any kind or not, without the prior written permission of AAP.
This service is published for information only without assuming a duty of care. AAP is not in the business of providing professional advice, and gives no warranty, guarantee or other representation about the accuracy of the information or images contained in this service. AAP is not liable for errors, omissions in, delays or interruptions to or cessation of the services through negligence or otherwise.
The globe symbol and "AAP" are registered trademarks.
Information supplied by Agence France-Presse is ©
2006 AFP. All rights of reproduction and distribution reserved. All information displayed on this section (dispatches, photographs, logos) is protected by intellectual property rights owned by Agence France-Presse. As a consequence, you may not copy, reproduce, modify, transmit, publish, display or in any way commercially exploit any of the content of this section without the prior written consent of Agence France-Presse.
Associated Press (AP) text, photos, graphics, audio and video works are only for the personal, non-commercial use of persons accessing this service and must not directly or indirectly be published, rewritten for broadcast, communication or publication or redistributed in any medium. AP materials and works must not be stored in any electronic or other system except for the personal, non-commercial use of persons accessing this service. Users nor any other person may hold AP liable for any delays, inaccuracies, errors or omissions in respect of such materials or works, the transmission or delivery of such materials and works or any loss or damage arising from any of the foregoing.
The information on the CarPoint site provided by Polk Australia is copyright. All rights reserved. The data provided by Polk Australia is provided "as is". Polk Australia makes no representation or warranty with respect to the accuracy, completeness or currency of such data. To the extent permitted by law, Polk Australia disclaims all other warranties, whether express or implied. Polk Australia will not be liable for any indirect, special or consequential damages. To the extent permitted by law, the total aggregate liability of Polk Australia for any claims, losses or damages suffered by the end user is limited to the resupply of the data by Polk Australia.
The information on the CarPoint site from the database provided by Glass's Guide is copyright (c) Glass's Guide Pty Ltd ACN 004 565 057 (1999).
The terms of this agreement apply to the full extent possible in relation to the supply by ninemsn of any content or services for the ninemsn wireless application protocol service ("WAP service"), a short messaging service for mobile phone users ("SMS service") and personal digital assistant service ("PDA service"). More information about these services can be viewed at the ninemsn mobile web page located at http://mobilecentral.ninemsn.com.au/default.aspx
This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
All rights not expressly granted herein are reserved.
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The Network contains electronic bulletin boards, chat rooms, and other user generated content which provide for feedback by users to ninemsn, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services ("User Generated Content").
1.Your use of User Generated Content
It is a condition of your use of any User Generated Content and your access to the Network that you do not do any of the following:
(a) restrict or inhibit any other user from using or enjoying any forum;
(b) post or transmit any material:
(i) which is (or could reasonably be expected to be) unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent, including without limitation transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
(ii) of any kind which is not your original work, or which violates or infringes (or could reasonably be expected to violate or infringe) upon the rights of any other person, including material which is protected by copyright, trademark or other intellectual property rights;
(iii) which you know (or reasonably ought to know) to be false, misleading or deceptive;
(iv) of any kind which contains a virus or other harmful component;
(v) or in any way exploit any material for commercial purposes or which contains any promotional material or advertising;
(vi) which is an invasion of any privacy or publicity rights; or
(vii) which racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on gender, age, race, religion, sexual orientation, or any other physical or mental disability
(c) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; and
(d) download any file posted by any other user of a forum if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.
2. ninemsn’s Rights
(a) ninemsn may from time to time monitor or review the contents of User Generated Content. While ninemsn reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in ninemsn's sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, ninemsn has no obligation whatsoever to monitor any User Generated Content or to edit, delete or refuse to post such contents, nor is ninemsn responsible for any User Generated Content (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on the Network are solely their own). You expressly acknowledge and agree that the User Generated Content provides a means of public and not private communications.
(b) ninemsn retains the right and discretion to terminate your access to any User Generated Content if we believe you are abusing the service or breaching any of these terms or conditions.
(c) ninemsn reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law, and in doing so you consent to us collecting and storing your IP address.
3. Disclaimer and Indemnities
(a) You acknowledge that the comments or opinions contained in the User Generated Content are not the comments or opinions of ninemsn, and ninemsn accepts no liability in relation to material posted including its content or accuracy.
(b) You agree to fully indemnify and hold harmless ninemsn and its related entities against liabilities, claims, loss (including consequential loss) or damage incurred:
(i) due to your reliance on any User Generated Content;
(ii) as a result of material you post or as a result of any breach by you of these terms and conditions.
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| These specific Terms of Use for the Getaway travel website are in addition to the general Terms of Use governing the use of the ninemsn Network of websites including the Getaway travel website.
Getawaytravel is a website about travel and travel destinations. The Getaway travel website contains a wide variety of information including a section entitled Plan Your Holiday, a TV Show section containing information on travel and travel destinations, and a section containing travel Tools.
The Getaway travel website is made available to provide you with travel-related information and to enable you to determine the availability of travel-related goods and services and to make legitimate reservations or otherwise transact business with third party suppliers. ninemsn does not offer any products or services itself other than providing you with the opportunity to purchase products or services from third party suppliers or carriers. ninemsn does not accept any responsibility whatsoever for the acts or omissions of any such third party, and does not warrant the accuracy, completeness, or fitness for purpose of any such products or services. Any purchase of products or services you may make through the Getaway travel website will be a separate contract with the third-party supplier of that product or service. Such purchases may be subject to separate terms and conditions imposed by the third-party supplier of those products or services. It is your responsibility to contact the relevant third-party carrier or supplier in order to find out the terms and conditions imposed by them on any transactions you may carry out.
Much of the information in the TV Show section parallels, or provides additional information in respect of, stories, tips and places which are featured on Channel Nine's Getaway television program. Some of this information is presented under licence from The Nine Network Pty Limited.
The TV Show section also contains a forum, in which columnists provide hints and advice on travel-related matters, including matters related to travel health. Information on travel health is simply generic information and should not be treated as medical advice. ninemsn does not give, or purport to give, any medical advice, and is not qualified to do so. You should never use or act on this information without first properly consulting, and seeking proper information and advice from, a qualified medical practitioner.
The Travel Tools area of the Getaway travel website contains a virtual guidebook giving details of numerous popular destinations, including passport and visa requirements, information on Australian and worldwide weather, a hotel directory, a currency converter, and links to a large number of travel sites. Passport, visa and health requirements are the responsibility of all individual travellers. ninemsn or its suppliers may assist in providing information, but this should be treated as a guideline only.
The Currency Converter provides a link to a convenient currency conversion utility. It provides illustrative calculations based on various publicly available sources. Rates are not verified, and the actual exchange rate that applies to any transaction into which you enter may vary depending on market fluctuation, your location and the relevant party who exchanges the currency for you. The information supplied by this application is believed to be accurate, but neither ninemsn nor its suppliers warrant or guarantee such accuracy. When using this information for any financial purpose, you should consult a qualified professional to verify the accuracy of the currency rates.
The Plan Your Holiday section provides you with the opportunity to make reservations and purchases of various travel-related products and services provided by third-party carriers or suppliers, including domestic and international travel, car rental, hotel bookings, package deals and the purchase of travel insurance. ninemsn does not warrant the reliability of any links to any site of any third-party carriers or suppliers, and is not in any way responsible for, or liable for any failure in relation to, the communication from you to the third party of any reservation or purchase you may make with such a third party, or the confirmation of such a reservation or purchase. By reserving or purchasing any such products or services, you agree to abide by any terms and conditions of purchase imposed by any carrier or supplier with whom you elect to deal, including, but not limited to, the payment of all amounts due to such carriers or suppliers when due and the compliance with all rules and restrictions regarding availability of fares, products or services. You will be completely responsible for any and all charges, fees, duties and taxes arising out of your use of the Getaway travel website.
Prices displayed in the Plan Your Holiday section are current at the time of issue, but may change at any time and are subject to availability. Prices quoted do not include additional fees or charges such as taxes, airport charges, booking fees or travel insurance unless expressly specified. ninemsn does not in any way guarantee the availability of any product or service. Airline, car hire, travel insurance and hotel availability and conditions may change at any time. ninemsn does not accept any responsibility for any travel product or service, rules or conditions that are incorrectly represented within the section. Routing restrictions and other special conditions may apply.
These specific Terms of Use for the Getaway travel website do not exclude any rights which by law cannot be excluded. The user is referred to ninemsn's general Terms of Use for a complete statement on the Trade Practices Act and the user's Non-Excludable Rights.
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| These specific Terms of Use for the Health website are in addition to the general Terms of Use governing the use of the ninemsn Network of websites including the Health website.
The Health website contains a wide variety of information in the form of Good Medicine TV fact sheets, expert responses to user health queries, and discussion boards on the subjects of body language, healthy living and looking good.
The information on the Health website is generic and does not take into account the physical state, medical status and/or health requirements of any particular individual which are relevant to the proper diagnosis and treatment of any problem, condition or disorder. Consequently, you should never use or act upon this information without first properly consulting, and seeking proper information and advice from, a qualified medical practitioner. ninemsn does not give, or purport to give, any medical advice, and is not qualified to do so.
The fact sheets are provided by Nine Network Australia Pty Limited as part of the television program Good Medicine.
The expert responses area of the website provides a Q&A-style forum where users can pose questions regarding health and healthy living to recognised health professionals. Responses should not be treated as medical advice.
The discussion board contains information and queries posted by general users of the Network and is open to anyone with access to the Network regardless of their qualifications, knowledge or experience.
ninemsn, its related companies and its licensors expressly disclaim all responsibility for, and liability in respect of, the accuracy of the information on the Health website in any particular circumstances, the improper application of the information and the consequences of anyone's failure to obtain a proper medical examination and advice from a qualified medical practitioner in the relevant circumstances. The opinions expressed by any health professional on the Network are those of the relevant health professional and not ninemsn, and ninemsn accepts no responsibility for them. ninemsn makes no representations whatsoever in respect of the accuracy of any information placed on any discussion board by any general user of the Network whose comments and opinions are solely their own, or any such user's ability, knowledge, experience or professional qualifications.
These specific Terms of Use for the Health website do not exclude any rights which by law cannot be excluded. The user is referred to ninemsn's general Terms of Use for a complete statement on the Trade Practices Act and the user's Non-Excludable Rights.
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| These specific Terms of Use for the Money website are in addition to the general Terms of Use governing the use of the ninemsn Network of websites including the Money website.
The Money website contains information in the form of financial and market statistics, financial tools and calculators, financial news and articles, comment, fact sheets, company reports, general market information, advertising and related hyperlinks.
ninemsn does not give any securities or investment advice, conduct any securities or investment advice business. ninemsn does not deal in securities, whether on its own behalf, as a representative or agent of any other person, or otherwise, except that, in certain circumstances, ninemsn may receive a fee from certain advertisers when a user who has entered the advertiser's website from the ninemsn network undertakes certain transactions on or in relation to that advertiser's website.
None of the information on the Money website constitutes "personal securities recommendation" for any purpose. ninemsn and its licensors do not assume or accept any responsibility for, and shall not be liable for the accuracy of, any information contained on the Money website.
The information on the on the Money website is provided as an information service only and should not be relied upon as a substitute for financial or other professional advice. None of the information on the Money website takes into account the investment objectives, financial circumstances or investment needs of any particular investor. Anyone viewing the Money website must therefore assess whether it is appropriate, in the light of their own individual circumstances, to act upon the relevant information. It may be advisable to obtain investment advice before making any investment decision based on the information provided on the Money website.
Where specified, the financial news and statistics on the Money website are provided by Reuters as an information service only and should not be relied upon as a substitute for financial or other professional advice. None of the information on the Money website takes into account the financial circumstances or investment needs of any particular investor. Anyone viewing the Money website must therefore assess whether it is appropriate, in the light of their own individual circumstances, to act upon the relevant information.
Where specified, the company reports on the Money website are provided by Huntleys' Investment Information (HII). HII is a specialist provider of financial information and research (AFSL No. 240892). The material provided by HII is provided under additional terms and conditions, but, to the extent of any inconsistency with the ninemsn Terms of Use, the ninemsn Terms of Use (including these specific Terms of Use for the Money website) will prevail.
Where specified, the financial news on the Money website is provided by Reuters.
The stock quotes on the Money website are provided by ASX Operations Pty Ltd. In addition to the limitations on the use of all Content on the ninemsn Network, you may not use the stock quotes to establish, maintain or provide, or assist in establishing, maintaining or providing a market for trading in securities, or otherwise make the market quotes available to any third party. You must not use any "roboting" techniques or mechanisms to automatically request stock quotes.
Certain market information and comment was broadcast originally on the Money television show on Channel Nine. The fact sheets on the Money website are prepared by Paul Clitheroe, host of the Money television show, and his staff and are adapted for the Money website. Neither Paul Clitheroe, Channel 9, ninemsn nor their respective directors, affiliates or employees, accept any liability, direct or indirect, arising from any person relying on any information contained on the Money website. Stock tips are not provided for retail investors.
All third-party advertising and referral buttons containing hyperlinks are paid for by the relevant third-party advertisers and are not recommendations or endorsements by ninemsn or its respective directors, affiliates or employees. The user is referred to the relevant third party for all relevant information, including complete information on that entity's investment adviser or dealer licensing status and licence number.
These specific Terms of Use for the Money website do not exclude any rights which by law cannot be excluded. The user is referred to ninemsn's general Terms of Use for a complete statement on the Trade Practices Act and the user's Non-Excludable Rights.
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| Specific terms relating to Yellow™ content on local search service.
Trade marks
Yellow™, Yellow Pages® and The Yellow Pages Walking Fingers® logo are trade marks of Telstra Corporation Limited.
Copyright
The Yellow™ listings, categories and other data (“Yellow™ content”) provided through the Ninemsn local search service are supplied solely for information use. Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act 1968, no part may be reproduced or re-used for any purpose whatsoever without the written permission of Sensis Pty Ltd. Users must not, whether through the use of additional software or by any other means, data mine or conduct automated searches on the Yellow ™ content. However, users may download individual Yellow™ listings for their own private use in the course of the normal use of the Yellow™ listings for directory assistance purposes.
The Yellow content is the copyright of Telstra Corporation Limited 2007.
Disclaimer
The Yellow™ content contains advertisements and information provided by third parties. There may be technical inaccuracies, typographical or other errors, programming bugs or computer viruses in that content.
Sensis Pty Ltd, Telstra Corporation Limited and their contractors make no representations about the accuracy or suitability of the information or links provided by the Yellow™ content. The information is provided “as is”, without express or implied warranty. You use the information and links at your own risk. Sensis takes no responsibility for the content of internet sites that link from the Yellow™ content. Except as set out below, Sensis, Telstra and their contractors exclude all:
- warranties whether express, implied, statutory or otherwise, relating in any way to the Yellow™ content; and
- liability (including for negligence) to you or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data) arising from or in connection with any use of Yellow™ content for any reason whatsoever (including negligence).
Where any statute implies any term into any arrangement arising out of your access to the Yellow™ content and that statute prohibits exclusion of that term, then that term is included. If and to the extent permitted by the statute, however, Sensis, Telstra and their contractors’ liability for any breach of such term is limited to the resupply of services.
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| The Small Business Site contains information in the form of general small business information, for example online business/commerce information, franchising information, exporting information, tax information and small business calculators. All material is provided as an information service only and should not be relied upon as a substitute for commercial or other professional advice. Neither ninemsn nor its licensors assume or accept any responsibility for the accuracy of any information contained on The Small Business Site.
ninemsn does not give any financial, taxation or accounting advice or conduct any taxation or accounting advice business, as a representative or agent of any other person or otherwise. ninemsn does not give any securities or investment advice, conduct any securities or investment advice business or deal in securities whether on its own behalf, as a representative or agent of any other person, or otherwise.
The small business calculators provide illustrative calculations based on stated assumptions only. The information resulting from the calculations should not be relied upon as a complete representation of all start up and other costs or as a substitute for commercial or other professional advice. The Small Business Site provides contact details of relevant third party organisations for further information.
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All material provided by Aspect Financial Pty Ltd ("Aspect Material") is © copyright Aspect Financial Pty. Ltd., 1999. All rights reserved. No material may be reproduced, except as allowed by the Copyright Act, without the prior written approval of Aspect Financial and ninemsn. Some of the Aspect Material is copyright and is published under licence from ASX Operations Pty. Limited, ACN 004 523 782 ("ASXO"). Australian Beta information and some share price information supplied by the Centre for Research in Finance, AGSM Limited. Consensus Forecast data is copyright I/B/E/S International, Inc.
Disclaimer
The Aspect Material has not been prepared by taking into account the investment objectives, financial situation and particular needs of any individual investors. It is a general information service only. To the extent permitted by law, ASXO is not liable for any loss, damage, cost or expense suffered by any person, whether arising from negligence or otherwise from the use of or results obtained from material supplied by ASXO.
Disclosure
Officers and employees of Aspect Financial (or their associates) may hold securities reviewed in the information provided on the Investor website, which forms part of the Aspect Material.
Accuracy of information
1.1 Use of the Aspect Material is at your own risk. Aspect Financial is not responsible for any adverse consequences arising out of the use of the product.
1.2 Aspect Financial believes that all information contained in the Aspect Material is accurate and reliable, but gives no warranty of accuracy or reliability of such information to you or to any third party. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by Aspect Financial, whether arising from negligence or otherwise from the use of or results obtained from material supplied by Aspect Financial. Nor, to the extent permitted by law, is ASX Operations Pty Limited liable for any loss, damage, cost or expense suffered by any person, whether arising from negligence or otherwise from the use of or results obtained from material supplied by ASX Operations Pty Limited.
1.3 Aspect Financial will not be liable for damage or loss resulting from any delay in operation or transmission, virus, communications failure, Internet access difficulties or malfunction in equipment or software.
Copyright
2.1 Copyright in the material is owned by Aspect Financial. Some of the Aspect Material is copyright and is published under licence from ASX Operations Pty Limited ACN 004 523 782 ("ASXO"). Australian Beta information and some share price information is supplied by the Centre for Research in Finance, AGSM Limited. You may use this material for your own personal reference only.
2.2 Except for the temporary copy held in the computer's cache and a single permanent copy for your personal reference, the material may not be copied, reproduced, published, stored in a retrieval system, altered, transmitted in any form or by any means in whole or in part or otherwise disseminated to others (except where such use constitutes fair dealing under the Copyright Act of Australia) without the prior written approval of Aspect Financial.
General securities advice only
3.1 The Aspect Material has not been prepared by taking into account the particular investment objectives, financial situation and particular needs of any individual investors. It is a general information service only. You should assess whether it is appropriate in light of your own individual investment objectives, financial situation and particular needs. If necessary, you should consult with a licensed investment adviser or dealer in securities such as a stockbroker before making an investment decision.
3.2 None of the information provided by Aspect Financial constitutes, and must not be construed as, an offer of securities or other financial instruments. Nor is it an invitation to you to take up securities or other financial products. Nor is it a recommendation to deal in any securities or other financial products.
3.3 You may not use any part of the material on the site to establish, maintain or provide or assist in establishing, maintaining or providing a stock market (other than one authorised by law) for trading in securities.
3.4 Officers and employees of Aspect Financial (or their associates) may hold securities reviewed in this report.
Limitation of Liability
4.1 Nothing in these terms excludes, restricts or modifies any condition, warranty or liability which may at any time be implied by the Trade Practices Act (the "Act") or any other applicable law where to do so is illegal or would render any provision of the Agreement void. Subject to this qualification, all express or implied conditions or warranties, statutory or otherwise, in respect of the information supplied is expressly negatived and excluded. You agree that Aspect Financial will not be liable for any damages or loss of any kind whatever (including, without limitation, any liability for consequential loss) arising out of the use by you of information supplied whether arising from any act, omission or failure (and whether negligent or not) of Aspect Financial, its officers, servants, agents or independent contractors or otherwise. If Aspect Financial should be liable for breach of a condition or warranty implied by Division 2 of Part V of the Act (other than a condition or warranty implied by Section 69 of the Act) in relation to the supply of goods or services (or both) which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, its liability is limited to any one or more as Aspect Financial in its sole discretion considers appropriate of the limitations specified in subsections (a) and (b) of Section 68A(1) of the Act.
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